Idaho Nonpoint Source Management Plan

www.deq.idaho.gov

Idaho Nonpoint Source Management Plan

2020–2025

State of Idaho Department of Environmental Quality

December 2020

http://www.deq.idaho.gov/

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Acknowledgments

Special thanks to contributors from state and federal agencies involved in nonpoint source management:

Idaho Department of Fish and Game • Idaho Department of Lands • Idaho Department of Water Resources • Idaho Soil and Water Conservation Commission • Idaho State Department of Agriculture • Idaho Transportation Department • Idaho Health Districts • US Army Corps of Engineers • Bureau of Land Management • Bureau of Reclamation • US Environmental Protection Agency • US Forest Service (Regions 1 and 4) • Natural Resources Conservation Service • US Geological Survey •

Prepared by Idaho Department of Environmental Quality Water Quality Division 1410 N. Hilton St. Boise, ID 83706

Printed on recycled paper, DEQ, December 2020, PID 319M, CA code 82808. Costs associated with this publication are available from the State of Idaho Department of Environmental Quality in accordance with Section 60-202, Idaho Code.

Nonpoint Source Management Plan

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Table of Contents

Abbreviations, Acronyms, and Symbols ....................................................................................... vi 1 Introduction .................................................................................................................................. 1

Purpose and Scope ...................................................................................................................... 1 2 Idaho Background ........................................................................................................................ 2

Water Resources .................................................................................................................... 2 2.1 Landownership ...................................................................................................................... 3 2.2

3 Idaho’s Nonpoint Source Management Program ......................................................................... 4 § 319 Project Subgrants ......................................................................................................... 4 3.1 Project Application and Review ............................................................................................ 4 3.2 Water Quality and Best Management Practice Effectiveness Monitoring ............................ 5 3.3 Project Evaluations and Reporting ........................................................................................ 6 3.4 Program Reporting and Financial Management .................................................................... 6 3.5

4 Nonpoint Source Pollution and Roles of the Public and Partner Agencies ................................. 6 Sources of Best Management Practices ................................................................................ 7 4.1 Nonpoint Source Pollution and Native American Tribes ...................................................... 7 4.2 Categories of Nonpoint Source Pollution .............................................................................. 8 4.3

4.3.1 Agricultural Practices ..................................................................................................... 9 4.3.2 Natural Resource Extraction ......................................................................................... 14 4.3.3 Timber/Silviculture Management ................................................................................. 15 4.3.4 Urban and Suburban Development ............................................................................... 17 4.3.5 Transportation ............................................................................................................... 19 Agency Coordination to Reduce NPS Pollution ................................................................. 20 4.4

4.4.1 Agreements with Partner Agencies .............................................................................. 21 4.4.2 Coordination with Federal Partners .............................................................................. 22 4.4.3 EPA Liaison .................................................................................................................. 22 Funding Implementation Activities ..................................................................................... 22 4.5 Protocol for Funding Nonpoint Source Projects with the State Revolving Fund ............... 24 4.6

4.6.1 NPS Project Sponsors ................................................................................................... 24 4.6.2 Point Source SRF Project Sponsors .............................................................................. 25 4.6.3 DEQ Staff Coordination after NPS Project Funding .................................................... 26

5 Nonpoint Source Pollution Framework at DEQ ........................................................................ 27 Prioritization of Watershed Protection Actions .................................................................. 27 5.1 Ground Water Program ....................................................................................................... 28 5.2

5.2.1 Beneficial Uses ............................................................................................................. 28 5.2.2 Ground Water Protection Process ................................................................................. 28 Source Water Assessment and Protection Program ............................................................ 33 5.3


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Surface Water Bureau ......................................................................................................... 33 5.45.4.1 Beneficial Uses ............................................................................................................. 33 5.4.2 Surface Water Protection Process ................................................................................. 34 Drinking Water Bureau ....................................................................................................... 42 5.5 Idaho Pollutant Discharge Elimination System .................................................................. 43 5.6 § 404 Permitting .................................................................................................................. 43 5.7 Basin, Watershed, and Technical Advisory Groups ........................................................... 43 5.8 Continuing Planning Process .............................................................................................. 46 5.9

6 Addressing Waters Impaired by Nonpoint Source Pollution ..................................................... 46 Water Quality Reports ......................................................................................................... 47 6.1

6.1.1 Water Quality Status Reports ....................................................................................... 47 6.1.2 Water Body Studies and Plans ...................................................................................... 47 Addressing NPS Pollutants through Project Implementation ............................................. 47 6.2 Using Funds Efficiently ...................................................................................................... 48 6.3 Assessing the Effectiveness of BMPs ................................................................................. 48 6.4 Assessing Success in Reducing NPS Pollution ................................................................... 49 6.5

References ..................................................................................................................................... 51 Appendix A. Nonpoint Source Goals Appendix B. Idaho Department of Environmental Quality Planning Documents Appendix C. 2020 Memorandum of Understanding between the Idaho Department of Water

Resources and the USDA, Forest Service Intermountain and Northern Regions Appendix D. Unfunded NPS Programs

List of Tables

Table 1. Summary of Idaho water resources. ................................................................................. 3 Table 2. Idaho landownership. ........................................................................................................ 3 Table 3. NPS categories and involved agencies. ............................................................................ 8 Table 4. Possible NPS project funding sources. ........................................................................... 23 Table 5. Example of funding using the SRF. ................................................................................ 24 Table 6. When should a § 319 funding applicant pursue SRF sponsorship? ................................ 25 Table 7. NPA trends. ..................................................................................................................... 31 Table 8. 2002–2014 NPA trends. .................................................................................................. 32 Table 9. Data tier comparison. ...................................................................................................... 36 Table A1. General program goals. .................................................................................................. 1 Table A2. Agricultural practices. .................................................................................................... 5 Table A3. Natural resource extraction goals................................................................................... 6 Table A4. Timber/silviculture management goals. ......................................................................... 7 Table A5. Urban/suburban development goals. .............................................................................. 8 Table A6. Transportation goals..................................................................................................... 10


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List of Figures

Figure 1. 2014 Idaho NPAs. ......................................................................................................... 30 Figure 2. Five categories of the Integrated Report. ...................................................................... 38 Figure 3. Map of 2018/2020 Integrated Report impaired waters.................................................. 39 Figure 4. Relationship between 4th-field HUCs, water body identification (WBID), and AUs. . 41 Figure 5. Idaho basins and DEQ regions. ..................................................................................... 45 Figure 6. Idaho’s BMP feedback loop. ......................................................................................... 49


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Abbreviations, Acronyms, and Symbols AU assessment unit BAG basin advisory group BLM Bureau of Land Management BMP best management practice BOR Bureau of Reclamation BURP Beneficial Use Reconnaissance Program CAFO Concentrated animal feeding operation CAP Continuing Authority Program DEQ Idaho Department of Environmental Quality DOI US Department of Interior EPA US Environmental Protection Agency HUC hydrologic unit code IASCD Idaho Association of Soil Conservation Districts IDAPA refers to citations of Idaho administrative rules IDFG Idaho Department of Fish and Game IDL Idaho Department of Lands IDWR Idaho Department of Water Resources ISDA Idaho State Department of Agriculture ISWCC Idaho Soil and Water Conservation Commission ITD Idaho Transportation Department mg/L milligrams per liter MOU memorandum of understanding NFWF National Fish and Wildlife Foundation NMFS National Marine Fisheries Service NO3 nitrate NPA nitrate priority area NPS nonpoint source NRCS Natural Resources Conservation Service PMP pesticide management plan SWCDs soil and water conservation districts TAG technical advisory group TMDL total maximum daily load USACE US Army Corps of Engineers USDA US Department of Agriculture USFS US Forest Service USFWS US Fish and Wildlife Service


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USGS US Geological Survey WAG watershed advisory group WBAG Water Body Assessment Guidance WBID water body identification


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1 Introduction This document describes the State of Idaho's strategy for addressing nonpoint source (NPS) pollution. Unlike pollution that is discharged directly from a pipe into surface waters, NPS pollution comes from many diffuse sources and generally does not have a single point of origin. NPS pollution can be natural, such as sediment, or human-made, such as chemicals and toxics. It is generally created in or on the land and is carried off by storm water runoff when it rains or the snowpack melts. The runoff picks up and carries away the pollutants, depositing them into streams, rivers, and lakes. NPS pollutants may eventually leach into ground water, particularly if an industry is concentrated in one area. Ground water contamination is especially concerning because more than 95% of Idahoan's rely on ground water for their drinking water. Examples of nonpoint sources and the pollution they can create include the following:

Agricultural fields and urban areas (e.g., parks and golf courses) and the sediment, •fertilizer, and pesticides discharged due to improper irrigation practices or major storm water events

Residential landscapes and cattle feedlots and the nutrient-laden waste generated by pets •and livestock

Septic systems and the nitrogen and phosphorus waste released if they are poorly •maintained or failing

Roads, parking lots, and sidewalks and the sediment, salt, and oil runoff released from •these impervious surfaces

Purpose and Scope The NPS plan describes the NPS Management Program and coordination of multiple agencies and Idaho Department of Environmental Quality (DEQ) programs to identify and mitigate pollutant sources using scientifically based efforts. The plan primarily serves two purposes:

The US Environmental Protection Agency (EPA) requires states to develop approved •NPS management plans that address the key components defined in EPA’s § 319 guidance (EPA 2012). An approved plan is required for states to be eligible for federal Clean Water Act § 319 funding. EPA expects all states to review and, as appropriate, revise their NPS management plan at least every 5 years.

• The plan implements the Idaho Department of Environmental Quality 2021–2024 Strategic Plan (DEQ 2020c) agency-wide goal to make recognizable and measurable environmental improvements and the Water Quality Division’s objectives to reduce pollutants and protect and restore beneficial uses of Idaho waters.

Authority for controlling NPS pollution on a national level is provided in the federal Clean Water Act, administered under the authority of EPA. Idaho Code §§39-120 through 127 designates DEQ as the primary state agency to coordinate and administer ground water quality protection programs. Rules have been approved under this statute to ensure DEQ maintains and protects the existing high quality of the state's ground water and the existing and projected future beneficial uses of ground water and interconnected surface water. Idaho Administrative Code establishes Idaho’s “Water Quality Standards,” including the “Rules for Governing Nonpoint


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Source Activities” (IDAPA 58.01.02.350). DEQ’s water quality protection and improvement efforts are conducted jointly with local, state, and federal partners.

2 Idaho Background According to 2019 US Census Bureau data, Idaho is the 39th most populated state in the country but experienced the 9th largest percent population growth between 2010 and 2019. Idaho is one of the nation’s least densely populated states, ranking 43rd (Statista 2020). Approximately 1.6 million people live within Idaho’s 82,643 square miles (US Census Bureau 2019). Idaho’s landscape is rugged, with some of the largest natural areas in the country, abundant natural resources, and numerous scenic areas. The state has snow-capped mountain ranges, world-class rapids, alpine lakes, and steep canyons. Land use in Idaho can be broadly categorized into urban/suburban, agricultural, and undeveloped uses. Highly concentrated and expanding urban and industrial centers along with shrinking agricultural and undeveloped areas characterize Idaho’s current land use trends. Because of the increasing population and variable land uses, the state's streams, lakes, and ground water are affected to varying degrees by point and nonpoint sources of pollution (DEQ 2016). Idaho’s climate is diverse and influenced by Pacific weather patterns, which help moderate temperature extremes. Generally, the northern part of the state has greater precipitation than the south. The southern part of the state is drier and warmer. Idaho’s growing season varies from approximately 200 days near the city of Lewiston to very brief at high altitudes. Winds may accompany cold fronts and thunderstorms, but hail damage is relatively rare (Visit Idaho, About Idaho 2020). Five Indian reservations exist in Idaho: the Coeur d’Alene Indian Reservation (Coeur d’Alene Tribe), Duck Valley Indian Reservation (Shoshone-Paiute Tribes), Fort Hall Indian Reservation (Shoshone-Bannock Tribes), Nez Perce Indian Reservation (Nez Perce Tribe), and the Kootenai Indian Reservation (Kootenai Tribe of Idaho). Other Native American tribes with ties to Idaho include the Northwestern Band, Shoshone in Utah; the Burns-Paiute General Council of Burns, Oregon; the Kalispel Tribe in Washington; and the Confederated Salish and Kootenai Tribe, based in Montana. Major industries in Idaho include manufacturing, healthcare, tourism, agriculture, food processing, timber, and mining (Visit Idaho. About Idaho. 2020).

Water Resources 2.1Ground water is a key resource supporting many aspects of Idaho's way of life. It replenishes our streams and rivers and provides fresh water for irrigation, industry, and communities. In addition, ground water supplies 95% of the state's drinking water. As Idaho's population grows, so does the need for clean, usable ground water. The Idaho Department of Water Resources (IDWR) has identified 70 major aquifer types in Idaho. The state has three sole source aquifers: the Spokane/Rathdrum Prairie aquifer in northern Idaho; the Lewiston Basin aquifer in north-central Idaho; and the Eastern Snake River Plain aquifer in southeastern and south-central Idaho. Major rivers in Idaho include the Snake, Clark Fork/Pend Oreille, Clearwater, Salmon, Coeur d’Alene, Boise, Payette, and Bear Rivers.


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With over 95,000 miles of streams and rivers and 460,000 acres of lakes and reservoirs, water is one of Idaho's most important resources. These streams and lakes, along with their associated wetlands, not only provide great natural beauty, they supply the water necessary for drinking, recreation, industry, agriculture, and aquatic life. A summary of the state's surface water resources is presented in Table 1 (DEQ 2018).

Table 1. Summary of Idaho water resources. Resource Value

Total number of river and stream miles 96,484a • Number of perennial stream miles 50,842 • Number of intermittent stream miles 43,962

• Number of other stream miles 11,172 Acres of lakes and reservoirs 468,892 Acres of freshwater wetlands 712,270 Miles of river wholly or partially on tribal land 3,416 Acres of lake wholly or partially on tribal land 106,808 a The number of perennial, intermittent, and other miles exceed the total miles because artificial paths and connectors that network or connect the hydrograph between rivers, lakes, swamps, and marshes create additional miles, as do portions of the artificial paths that were originally mapped as polygons in the National Hydrography Dataset.

Landownership 2.2Table 2 provides a breakdown of landownership in Idaho. Approximately 63.1% of all lands in Idaho are federally owned and managed.

Table 2. Idaho landownership. Ownership Size (acres) Percent of Totala

Federal 33,578,441 62.9 • Bureau of Land Management 11,771,810 22.0

• US Forest Service 20,361,672.78 38.1

• Other 1,444,952 2.7 Water State

310,539 2,747,864

0.6 5.1

• Endowments 2,483,837 4.7

• Fish and Game 223,573 0.4

• Parks and Recreation 40,454 0.1 Private 15,841,229 29.7 Tribal Land 935,652 1.8 Total 53,413,725 100.0 Source: Idaho Legislative Services Office 2020. a. Percentages may not total due to rounding.


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3 Idaho’s Nonpoint Source Management Program DEQ developed Idaho's initial NPS Management Program in 1989 through the coordinated efforts of numerous organizations with an interest in how NPS water pollution could be effectively managed in the state. Since then, Idaho has dedicated personnel and funding to advance NPS water pollution control activities. DEQ’s NPS Management Program centers around the § 319 grant program and, more recently, a similar state-funded § 319 effort that focuses on the agricultural sector. The program provides funding assistance to entities for on-the-ground projects. DEQ’s Surface Water and Ground Water Bureaus conduct data collection and analysis to determine impaired waters and primary NPS pollutants. Partnering state and federal agencies play a large role in addressing NPS water pollution within their respective jurisdictions. Some agencies are more aggressive in implementing NPS reduction projects, due to funding availability and collaborative opportunities. Other agencies have limited budgets and staff and do very little.

§ 319 Project Subgrants 3.1

The Clean Water Act § 319 established a grant program under which states, territories, and tribes may receive funds to support a wide variety of NPS pollution management activities. A successful grant must focus on improving the water quality of lakes, streams, rivers, and aquifers. Funds may be used to address a variety of NPS management and prevention activities in agriculture, urban storm water runoff, transportation, silviculture/forestry, mining, ground water, and hydrologic and habitat modification. The NPS Management Program solicits project proposals through an online application and uses an established process to evaluate and rank which projects should be funded. Recommended projects are forwarded to EPA for review and approval. Once approved, DEQ staff develops agreements with project sponsors for disbursement of grant funds. NPS Management Program staff oversees project implementations and evaluate accomplishments. Each year DEQ passes a minimum of 50% of its § 319 funds through to the local level for on-the-ground total maximum daily load (TMDL) implementation projects. Remaining funding is then used to support administration and implementation of the NPS Management Program in DEQ’s state and regional offices.

Project Application and Review 3.2

A set of evaluation criteria and schedule of key dates apply to all new project proposals. These criteria are regularly reviewed and can be updated if priorities within the NPS Management Program and DEQ change. Early in the process, each party seeking funding receives the criteria and schedule to educate and inform applicants on the process and state water quality priorities. Before submitting an application, the applicant is expected to contact all potentially responsible natural resource agencies, organizations, and others, to give them the opportunity for review and


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comment on the proposal. This up-front approach can identify opportunities for partnerships and collaboration leading to greater environmental improvements. Interested parties are encouraged to submit a project preapplication to DEQ for a preliminary project review. The preapplication provides DEQ with early notification of the type of project considered and allows DEQ to provide feedback on the proposal that may benefit the applicant when preparing to submit a final application. Submitting a project preapplication is not required but is strongly encouraged. Several steps are involved in the application review process:

1. DEQ staff complete a technical evaluation of each project application. During this phase, DEQ ensures all state and federal programmatic criteria have been met.

2. Each application is reviewed to ensure the project is viable and the resources dedicated to completing the effort are sufficient and sound. The applicant has an ongoing responsibility to maintain the project following the expiration of the subgrant to demonstrate the project can yield long-lasting water quality improvement in the watershed.

3. Technically sound projects will be routed for initial review and ranking by the responsible regional basin advisory group (BAG). The BAGs will make their recommendations based partly on how well the proposed project aligns with the overall DEQ water quality priorities established for the basin.

4. Once all projects have been reviewed and ranked by the BAGs, DEQ may convene a meeting of the respective BAG chairmen to discuss all the ranked projects to determine which projects have merit and are of the highest priority to recommend for funding in the coming year.

Water Quality and Best Management Practice Effectiveness 3.3Monitoring

DEQ is the state agency responsible for best management practice (BMP) modeling and the collection of instream water quality monitoring data related to § 319 NPS projects. DEQ is also responsible for ensuring proper testing and field studies are performed to document BMP effectiveness before and following project implementation. DEQ requires project managers of all funded projects to submit a plan that may include ground water or surface water monitoring. Project monitoring plans may be developed by the applicant. These plans are subject to review and approval by DEQ’s § 319 staff and/or surface water staff. For ground water sampling or implementation, a DEQ hydrogeologist should review the ground water plan within the period included in the project subgrant. Section 319 projects must be monitored to establish percent effectiveness at achieving the desired results. For example, a project manager may choose to use photographic monitoring to demonstrate improvements to a riparian habitat and vegetation growth over time or to show the amount of sediment removed from a sediment basin during scheduled maintenance. This type of monitoring has proven to be a reasonable and a cost-efficient method for determining BMP effectiveness when compared to more costly monitoring alternatives. In general, § 319 subgrants are not subject to mandatory water quality monitoring. It is a voluntary effort and difficult to determine actual water quality improvements to streams where


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§ 319 funding has been provided. DEQ’s regional office surface water staff conduct at least one § 319 subgrant monitoring project on a yearly basis, depending on available funds and resources within each of the regions. Additional funding and staff resources are needed for the § 319 program to conduct monitoring efforts to determine if water quality improvements have resulted from grant projects. Additional funding should be sought out where possible. There are opportunities for DEQ to work collaboratively with organizations such as the Student Conservation Association, where college students conduct data collection. The Student Conservation Association is known for working with mostly federal agencies such as the US Forest Service and the National Park Service on water quality sampling and data collection.

Project Evaluations and Reporting 3.4

Project evaluation is an important component of the § 319 grant program and can ensure resources are used effectively. Projects may be subject to a task and financial review at any time over the life of the project. The NPS Management Program schedules a site visit to 50% of the active projects each year to ensure the work is completed according to the project work plan and the project is operating within its budget. Each project must meet minimum reporting requirements. Project managers are required to submit progress reports with each invoice submitted. A final report summarizing the entire project and costs must be submitted to DEQ no later than 90 days after the subgrant has expired. Once the final report has been reviewed and approved by program staff, the project is closed out.

Program Reporting and Financial Management 3.5

As a condition of its § 319 grant and base funding requirement, DEQ must use the EPA’s Grants Reporting and Tracking System to input required data elements. In addition, DEQ is required to provide an annual performance and progress report highlighting the program’s accomplishments over the previous year. DEQ has a process in place that ensures proper management and oversight of subgrantee disbursements. All subgrantees are required to submit online invoices, which track a project’s § 319 expenses and the match expenses. All subgrantees must provide copies of receipts, timesheets, and any other documentation to verify costs identified in the invoice. The invoices are reviewed internally to ensure they correspond with the activities and associated costs identified in the subgrantee work plan. The program staff regularly track the agency’s overall § 319 grant funds.

4 Nonpoint Source Pollution and Roles of the Public and Partner Agencies

Nonpoint source pollution originates from a multitude of sources that can only be addressed through the combined efforts of multiple Idaho agencies, federal agencies, and the Idaho public.


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Sources of Best Management Practices 4.1

BMPs are commonly used to address all nonpoint sources of pollution generated in, for example, agriculture, silviculture, transportation, and other sectors. Depending on the sector, the agency designated with the primary responsibility for oversight may be called upon to develop and/or implement the specific BMPs. BMPs used to mitigate nonpoint pollution are often selected from the Natural Resources Conservation Service’s (NRCS’s) Practice Standards https://www.nrcs.usda.gov/wps/portal/nrcs/main/national/technical/cp/ncps/. The sponsors of many of our funded projects use one or several BMPs to complete their work. Once Idaho funds a project, the sponsors draft a conservation plan that follows the directions in NRCS's Field Office Technical Guide (FOTG). A specific FOTG exists for every county in every state in the country and addresses the following:

Section I—General References (state maps, descriptions of major land resource areas, •watershed information, and links to NRCS reference manuals and handbooks). This section contains links to researchers, universities, and agencies DEQ works with. It also contains conservation practice costs, agricultural laws and regulations, cultural resources, and information about protected plant and animal species.

Section II—Soil and Site Information. This section includes NRCS soil surveys, hydric •soil interpretations, ecological site descriptions, forage suitability groups, cropland production tables, wildlife habitat evaluation guides, water quality guides, and other related information.

Section III—Conservation Management Systems. This section includes information on •NRCS quality criteria that establish standards for resource conditions to provide sustained use.

Section IV—Practice Standards and Specifications. This section provides the NRCS •conservation practices and where they apply. Practice specifications are detailed requirements for installing the practice in the state.

Section V—Conservation Effects. This section offers background information on how •conservation practices affect each identified resource concerns in the state.

To ensure effectiveness, the BMPs are routinely assessed and modified as described in section 6.4.

Nonpoint Source Pollution and Native American Tribes 4.2

Native American tribes participate in Idaho’s NPS Management Program in three ways: 1. EPA (2014b) “offers grants and technical assistance to support tribal environmental

programs in assessing and managing their nonpoint source pollution problems and threats.” Two grants are listed in section 4.3.1, Agricultural Practices. These grants are made directly to the tribe from EPA.

2. Tribes participate as members of watershed advisory groups (WAGs) and BAGs (section 5.8). As members of these groups, tribes influence the prioritization of Idaho’s NPS projects.

https://www.nrcs.usda.gov/wps/portal/nrcs/main/national/technical/cp/ncps/


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3. Tribes participate in the public process to update the NPS management plan on a 5-year basis.

Categories of Nonpoint Source Pollution 4.3

This section identifies the categories of NPS pollution and agency roles and responsibilities in NPS management activities for each identified category. Since NPS pollutants are generally transported through overland flow, widespread land use practices have the greatest potential for contributing pollutants. In addition, a list of funding sources is available to address NPS pollution. Table 3 provides an overview of these agencies and categories involved in identifying and prioritizing nonpoint source projects described in section 5.8. Appendix A, Table A1 details on-going efforts and goals identified for each category of pollution and for the program in general.

Table 3. NPS categories and involved agencies.

Agency/ Program Agriculture Grazing

Natural Resource Extraction

Timber/ Silviculture

Management

Urban/ Suburban

Development Transportation

DEQ X X X X X ISDA X X ISWCC X SWCDs X ARS X NRCS X EPA X X X Health Districts X IDFG X X X X IDWR X X X X USGS X IDL X X X X ITD X X BOR X USACE X X X X X USFS X X X X BLM X X X X Tribes X X X X

The following federal agencies have general NPS pollution prevention roles and responsibilities applicable for multiple categories of pollution:

US Bureau of Land Management (BLM)—The BLM is responsible for the •administration, management, and protection of nearly 12 million acres of public lands in Idaho. The BLM regulates, licenses, and enforces land use activities that may result in NPS pollution. The agency also maintains or improves surface and ground water quality consistent with state and federal water quality standards, minimizes harmful consequences of activities that could result in NPS pollution, and inventories, monitors, and evaluates water quality data necessary for the proper management of public lands.


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US Army Corps of Engineers (USACE)—Although Clean Water Act § 404 deals with •point source discharges, the agency attempts to include permit conditions with on-site and construction BMPs that will reduce NPS pollution (e.g., vehicle fueling outside jurisdiction areas, sediment and erosion measures, and concrete washout away from jurisdictional areas).

US Forest Service (USFS)—The USFS is responsible for NPS pollution controls on all •national forest system lands. The USFS manages approximately 20 million acres in Idaho, including many headwater areas. The agency is responsible for meeting Idaho’s water quality standards and implementing NPS pollution controls for land use activities such as silviculture, grazing, mining, and road construction.

Agencies with roles and responsibilities specific to each of the resource areas are discussed below for each category of NPS pollution.

4.3.1 Agricultural Practices

NPS pollution from agricultural activities alters water quality in some of Idaho’s waters. These activities can increase nutrient, sediment, pesticide, and pathogen loads in waterways as a result of crop and livestock production, including land application of livestock manure as crop fertilizer. Water infiltrating into the soil can carry nutrients, metals, and hydrocarbons that can contaminate ground water resources. Public land grazing has been identified under agricultural practices. Agriculture is a key economic contributor to the state’s economy. In 2016, Idaho had 24,300 farms with an average size of 486 acres. Income from crops in 2011 was estimated at $2.8 billion, and livestock income was reported at $4.3 billion. In 2012, the Idaho Legislative Services Office reported that 4,195,000 acres were planted and 4,064,000 were harvested (Idaho Legislative Services Office 2020). In addition to EPA and DEQ, the following agencies are responsible for addressing NPS impacts as they relate to agricultural sources: Idaho State Department of Agriculture (ISDA), Idaho Department of Lands (IDL), Idaho Soil and Water Conservation Commission (ISWCC), Idaho’s 50 local soil and water conservation districts (SWCDs), US Department of Agriculture (USDA) Agricultural Research Service, USDA Natural Resources Conservation Service (NRCS), Idaho Department of Fish and Game (IDFG), Idaho Department of Water Resources (IDWR), US Geological Survey (USGS), US Army Corps of Engineers (USACE), Bureau of Land Management (BLM), US Forest Service (USFS), and US Bureau of Reclamation (BOR). The roles of these agencies are discussed below. Appendix A, Table A2 identifies agricultural goals related to NPS management.

Idaho Department of Environmental Quality

DEQ’s role in NPS management as it relates to agriculture includes the following:

Conducts statistically designed ground water quality monitoring and nutrient-pathogen •evaluations.

Participates in a multiagency concentrated animal feeding operation (CAFO) site •advisory team.


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Approves ground water quality monitoring programs for managed recharge by land •application.

Participates in the agricultural education committee. • Implements a formal policy for addressing and prioritizing areas with degraded ground •

water quality and coordinates management or improvement strategies for implementation in areas with degraded ground water quality.

Reviews monitoring results and evaluates impacts from agriculture and animal waste. • Prepares guidance documents that provide for rule interpretation and chairs the Ground •

Water Monitoring Technical Committee. Focuses on monitoring and TMDL development. • Provides funding to address agriculture NPS issues. • Coordinates funding with sister agencies. •

Idaho State Department of Agriculture

ISDA’s role in NPS management as it relates to agriculture includes the following:

Regulates pesticide application and fertilizer registration and establishes safe application •requirements for both pesticides and fertilizers.

Assists in developing agricultural BMPs in support of the Idaho Agricultural Pollution •Abatement Plan (Ag Plan) (Idaho Soil and Water Conservation Commission, 2015).

Implements an Idaho pesticide management plan (PMP) for ground water protection and •the “Rules Governing Pesticide Management Plans for Ground Water Protection” (IDAPA 02.03.01).

Implements the Surface Water Pesticide Monitoring and Protection Program, which •includes monitoring, education, and the promotion of BMPs.

Participates in the Ground Water Monitoring Technical Committee, which is charged •with reviewing monitoring results to identify and address agricultural water quality impacts and making recommendations to agencies or WAGs for needed protections or remediation, as appropriate.

Works with ISWCC to carry out project-specific implementation monitoring and BMP •effectiveness monitoring.

Implements the dairy and beef CAFO programs (in conjunction with DEQ and EPA)—•monitors ground water associated with dairy operations and ensures dairy waste systems and practices are according to the provisions outlined in Idaho Code Title 25 Chapter 6. https://agri.idaho.gov/main/i-need-to/see-lawsrules/idaho-code-title-25-animals/. Idaho Soil and Water Conservation Commission

ISWCC’s roles in NPS management include the following:

• Implements the Ag Plan (Idaho Sol and Water Conservation Commission, 2015) for private and state agricultural lands.

Coordinates periodic review and update of the Ag Plan (including all new BMPs) in •consultation with the advisory committees and chairs the Ag Plan BMP technical committee.

Provides technical assistance to owners and operators of private lands with planning, •implementing, and evaluating BMPs.

https://agri.idaho.gov/main/i-need-to/see-lawsrules/idaho-code-title-25-animals/


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Administers incentive programs to encourage adoption of voluntary conservation •practices such as the Resource Conservation and Rangeland Development Program, which provides low-interest conservation loans.

Works in cooperation with local SWCDs and the NRCS to develop and implement •agricultural portions of TMDL implementation plans.

Assists and supports the 50 SWCDs in carrying out their powers and programs, including •working toward achieving the TMDL-defined load reductions necessary to meet water quality standards.

Promotes and supports water quality projects to maintain and enhance ground water •quality.

Assists conservation districts in planning and implementation efforts in nitrate priority •areas (NPAs) to reduce nitrate contamination.

Soil and Water Conservation Districts

Idaho's 50 SWCDs assist private landowners and land users in conserving, managing, and enhancing Idaho’s natural resources. NPS planning and implementation efforts for agriculture are carried out at the local level through a partnership of the SWCDs, ISWCC, and NRCS and include the following:

Assist landowners and land users with implementing the Ag Plan (Idaho Soil and Water •Conservation Commission, 2015) and BMPs.

Coordinate education and outreach activities. • Provide input to BAGs and WAGs and represent agricultural interests in drafting TMDLs •

and agricultural implementation plans that comply with Idaho water quality laws. Assist WAGs by functioning as liaisons to private landowners—SWCDs have been •

instrumental in developing WAGs and also play a major role in the local administration of state and federal cost-sharing projects.

Through the IASCD and National Association of Conservation Districts, oversee and •participate in state and national agricultural initiatives.

Develop 5-year resource conservation plans to establish and recognize agricultural NPS •water quality priorities.

Review local needs, developing and/or modifying and adopting component practices to •be used to develop BMPs to meet state water quality standards and to protect beneficial uses.

Implement water quality projects across the state to maintain and enhance ground water •quality efforts in NPAs to reduce nitrate contamination.

USDA Agricultural Research Service

ARS’s role in NPS management as it relates to agriculture includes the following:

Researches the cause-and-effect relationship between agricultural management practices •and soil and water conservation to evaluate existing management practices and develop new practices for improving and protecting surface and ground water quality.


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USDA Natural Resources Conservation Service

NRCS’s role in NPS management as it relates to agriculture includes the following:

Works with DEQ, ISWCC, IASCD, and ISDA to create certified nutrient management •plans in Idaho.

Chairs the Idaho state technical advisory committee, through which priorities and •processes are incorporated into planning and implementation activities.

Administers, with the Farm Service Agency, agricultural programs outlined in the 2018 •US Farm Bill to assist private landowners with implementing conservation practices to address resource concerns.

US Environmental Protection Agency

EPA’s role in NPS management as it relates to agriculture includes the following:

• Works with USDA agencies and the ISDA on nutrient management plan issues relating to CAFOs.

• Provides funding to DEQ for NPS watershed projects.

Idaho Department of Fish and Game

IDFG’s role in NPS management as it relates to agriculture includes the following:

Provides BAGs with information regarding the presence or absence of aquatic species •listed as “threatened,” “endangered,” or “candidate” pursuant to the federal Endangered Species Act.

Works with local, state, federal, and private (e.g., Trout Unlimited) partners to ensure •consistency in habitat and fish restoration activities statewide—involved in most implementation efforts dealing with riparian or habitat restoration and protection and provides technical assistance and funding, as necessary.

Partners with the ISWCC and NRCS to ensure water on all agricultural lands meets state •water quality standards and beneficial uses.

Idaho Department of Water Resources

IDWR’s role in NPS management as it relates to agriculture includes the following:

Administers appropriation and allotment of surface and ground water resources of the •state, including geothermal resources, and protects these resources against waste and contamination.

Conducts statewide river basin studies to help with long-term planning related to ground •water and surface water interactions and use.

Maintains the Statewide Ambient Ground Water Monitoring Program and data •management system.


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US Geological Survey

The USGS water resources division’s role in NPS management as it relates to agriculture includes the following:

Collects, analyzes, and reports general hydrologic and water quality data throughout the •state.

Conducts special studies upon request from various state and federal agencies on water •supply and quality in areas of changing land and water use patterns.

USGS is one of the major participants, along with DEQ and IDWR, in efforts pertaining •to ambient ground and surface water monitoring and providing information used in the TMDL process.

US Bureau of Reclamation

BOR is responsible for planning, constructing, operating, and maintaining federal irrigation projects as defined in applicable sections of reclamation law and through delegations provided under the Clean Water Act. Activities relating to these responsibilities and NPS agricultural pollution include the following:

Provides technical assistance during irrigation BMP evaluations. • Performs water quality monitoring related to federal irrigation projects. • Implements structural and nonstructural water management programs and projects. • Scopes irrigation-related aspects of the NPS management plan. •

BOR remains an important partner in many projects related to enhancing fish passage, habitat, water quality monitoring, agricultural drain relocations, and other studies; participates on the state technical committees; and is active in other coordinated watershed management and implementation activities.

Idaho Department of Lands

IDL’s role in NPS management as it relates to agriculture includes the following:

On state rangelands and cropland, coordinates with state grazing and cropland lessees to •apply BMPs that will protect beneficial uses of water.

Participates in WAGs to assist DEQ in developing and reviewing TMDL water quality •improvement plans, which identify and address agricultural activities that impact water quality.

Requires staff participation in Professional Applicator Licensing of pesticide applications •and established safe application requirements on state endowment trust lands.

Coordinates with state grazing and cropland lessees to implement Farm Service Agency •agricultural programs outlined in the 2018 US Farm Bill to assist landowners with implementing conservation practices to address resource concerns.

Works with local, state, federal, and private partners to ensure consistency in BMPs, •implement riparian and fish habitat restoration and protection activities statewide.

On state endowment trust lands, administers “Rules and Laws of the State” (IDAPA •20.03.14.115) and takes enforcement action when needed.


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Tribes

EPA Tribal Nonpoint Source Information (2014) lists the following NPS project in Idaho:

• The Nez Perce Tribe plans to restore 30 acres of ranch adjacent to Lawyer Creek, in a cooperative project with the Idaho County Soil and Water District and the US Fish and Wildlife Service.

• The Shoshone Tribes of Duck Valley have been awarded funds to address NPS pollution from livestock production.

4.3.2 Natural Resource Extraction

Natural resource extraction carried out during mining activities (i.e., mineral extraction, gas production, and nonmineral extraction) can be a source of sediment, heavy metals, sulfates, hydrocarbon, brine, and acid pollution. Water can carry these types of pollutants to both surface and ground water resources. As of October 2020, there are 145 active mineral leases on state lands. Of those, 77 minerals leases have approved reclamation plans and would be considered active mining operations.

In addition to DEQ, the following agencies are involved in addressing NPS management as it relates to natural resource extraction on public and/or private land: IDWR, IDL, IDFG, BLM, USACE, and USFS. Appendix A, Table A3 lists goals related to natural resource extraction and NPS management.


DEQ’s role in NPS management as it relates to natural resource extraction includes the following:

Assists mining operations to characterize hydrogeologic conditions and background •ground water quality before initiating mining activities.

Works with IDL to ensure oil and gas development is conducted according to the Idaho •“Ground Water Quality Rule” (IDAPA 58.01.11).

Conducts monitoring and TMDL development. • Conducts site investigations and inspections as necessary. • Focuses on cleanup and remediation activities in areas where mining activities have •

contaminated soils and surface waters. Provides technical assistance to responsible state and federal agencies and private •

organizations/owners as requested.


IDWR’s role in NPS management as it relates to natural resource extraction includes the following:

Regulates stream channel alterations under the Stream Channel Protection Act, in •conjunction with the USACE, and evaluates the safety of most impoundment structures,


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including irrigation and stock-pond facilities and mine tailings impoundments under the Dam Safety Program.


IDL’s role in NPS management as it relates to natural resource extraction includes the following:

Regulates dredge and placer mining operations under the Idaho Dredge and Placer •Mining Protection Act and surface mining under the Idaho Surface Mining Act (both of these regulatory programs are coordinated with other state and federal agencies).

Reclaims abandoned mine lands under the Idaho Abandoned Mine Reclamation Act • Regulates docks, rip-rap, and other encroachments on navigable lakes under the Idaho •

Lake Protection Act.


IDFG’s role in NPS management as it relates to natural resource extraction includes the following:

Works with local, state, federal, and private (e.g., Trout Unlimited) partners to ensure •consistency in habitat and fish restoration activities statewide—involved in most implementation efforts dealing with riparian or habitat restoration and protection and provides technical assistance and funding, as necessary.

4.3.3 Timber/Silviculture Management

Erosion of land from timber harvesting techniques, access roads, and loss of vegetative cover can cause excess sediment. Idaho has 12 million acres of BLM land and over 20 million acres of USFS–managed land. The number of impaired stream assessment units (AUs) that intersect USFS land is 1,002, and the number of impaired lakes is 13 These AUs are captured in the Integrated Report in either Category 4a (EPA-approved TMDL), Category 5 (needing a TMDL), or both (section 5.8 for additional information on impaired streams.)1 In addition to DEQ, the following agencies are responsible for addressing NPS impacts as they relate to timber/silviculture on public and/or private land: IDWR, IDL, IDFG, BLM, USACE, USFS, and EPA. Appendix A, Table A4 lists goals related to timber/silviculture management and NPS pollution.


DEQ’s role in NPS management as it relates to timber/silviculture includes the following:

Coordinates and implements a statewide forest practices/water quality audit every 4 years •that includes IDL, private forestland owners, USFS, and BLM on the audit team. The

1 Waters of the state are categorized using assessment units (AUs). An AU is a group of similar stream segments that have similar land-use practices, ownership, or land management.


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audit serves as formal monitoring of silviculture BMP compliance on forest practices implemented on state, private, and federal forestlands throughout Idaho.

Based on findings from the quadrennial audit, DEQ submits recommendations to IDL for •corresponding Forest Practices Act administrative rule changes.

Focuses on monitoring and TMDL development. • Coordinates water quality management and implementation efforts with IDL, USFS, and •

BLM on state, private, and federal forestlands.


IDL’s role in NPS management as it relates to timber/silviculture includes the following:

Ensures compliance with Forest Practices Act administrative rules (silviculture NPS •BMPs) on all state and private forestlands in the state.

On state forestlands, applies BMPs that will protect beneficial uses of water. • On state and private lands, administers the Idaho Forest Practices Act (IDAPA 20.02.01) •

and takes enforcement action when needed. Coordinates with DEQ in conducting the quadrennial forest practices/water quality •

audits, which help achieve state–federal consistency for NPS activities on forestlands. Works with the Idaho Forest Practices Act Advisory Committee to promulgate new and •

revised Forest Practices Act administrative rules (silviculture NPS BMPs). The committee has nine voting members across the state representing family forest owners, industrial forest owners, fisheries biologists, citizens at large, and logging operators.


IDWR’s role in NPS management as it relates to timber/silviculture includes the following:

Regulates stream channel alterations under the Stream Channel Protection Act, in •conjunction with the USACE.


EPA’s role in NPS management as it relates to timber/silviculture includes the following:

Works with state and federal agencies and tribes to address NPS issues associated with •silviculture operations on private, state, federal, and tribal lands.

Reviews and comments on silviculture activities and practices within National •Environmental Policy Act documents.

Reviews, provides comment, and provides technical support to IDL and DEQ in forest •practices rule development and monitoring of forest practice rule implementation.

Provides technical support to DEQ in evaluating forestry impacts to impaired waters in •TMDLs and in the water body assessment process.

Provides financial and technical support to develop forestry analysis tools (e.g., USFS •GRAIP model).


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4.3.4 Urban and Suburban Development

Urban and suburban development contributes to NPS pollution, specifically through domestic, municipal, industrial, and commercial land development activities and uses. On-site sewage disposal, or septic systems, can be a source of nutrients, pathogens, salts, and pharmaceuticals and personal care product pollution in both surface water and ground water. Urban runoff and drainage systems provide direct access for hydrocarbons, pesticides, nutrients, pathogens, salts, heavy metals, and thermal pollution to enter waterways and ground water. Population density and intensity of land use in urban and suburban areas influence the concentrations of pollutants in waters draining from these areas. Examples of these sources include residential septic tanks and (drainfields), solid waste disposed in landfills, hazardous chemicals and materials, and alteration of urban and suburban riparian and wetland areas. Along with DEQ, the following agencies are responsible for NPS management activities related to urban and/or suburban development: Idaho public health districts, IDWR, ISDA, Idaho Transportation Department (ITD), USACE, and EPA. Appendix A, Table A5 lists goals related to urban/suburban development and NPS pollution.


DEQ’s role in NPS management as it relates to urban/suburban development includes the following:

Conducts statistically designed ground water quality monitoring and nutrient-pathogen •evaluations.

Implements a formal policy for addressing and prioritizing areas with degraded ground •water quality and coordinates management or improvement strategies for implementation in areas with degraded ground water quality.

Reviews monitoring results and evaluates impacts from septic systems. • Works to prevent contaminants from entering public water system supplies and provides •

assessments of all recognized public water sources. Ensures that solid wastes generated in or entering Idaho are managed and disposed in a •

manner protective of human health and the environment. Investigates possible NPS pollution from abandoned and inactive industrial facilities •

(e.g., landfills, airfields). With voluntary agreement from the landowner, DEQ performs desktop research to identify possible contaminants of concern and a field site inspection to collect samples. The results and recommendations for follow-up actions are summarized in a final report.

Focuses on the proper management and disposal of wastewater to protect public health •and Idaho's surface and ground water resources.

Assesses the impact to ground water from large soil absorption systems, which are •drainfields that receive 2,500 gallons per day or more, and assesses the potential impact to adjacent surface water bodies due to a large soil absorption system or a subdivision containing multiple single family residences equipped with drainfields.

Provides technical assistance and support for controlling storm water in Idaho. The Idaho •Catalog of Storm Water Best Management Practices (DEQ 2020b) contains pertinent


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technical information, and DEQ provides review for facilities that control, treat, or dispose of storm water if requested by the developer or design engineer.

Focuses on water quality protection by setting water quality standards and •antidegradation policy/implementation for high-quality waters.

Where water quality falls below water quality standards, develops TMDLs to bring those •waters back to meeting standards.

Provides technical assistance to private organizations/owners as requested. • Conducts site investigations and inspections as necessary. •

Public Health Districts

The public health districts’ role in NPS management as it relates to urban/suburban development includes the following:

Ensure that individual and subsurface sewage disposal systems are properly planned, •permitted, installed, and operated.

Work closely with DEQ to maintain the Technical Guidance Manual: Individual and •Subsurface Sewage Disposal Systems (DEQ 2019) to support consistent standards for these systems statewide.


IDWR’s role in NPS management as it relates to urban/suburban development includes the following:

Regulates stream channel alterations under the Stream Channel Protection Act, in •conjunction with the USACE, and the safety of most impoundment structures, including irrigation and stock-pond facilities and mine tailings impoundments under the Dam Safety Program.

Maintains the Statewide Ambient Ground Water Monitoring Program and data •management system.

Regulates wastewater disposal by injection wells through the Underground Injection •Control Program.

Idaho State Department of Agriculture

ISDA’s role in NPS management as it relates to urban/suburban development includes the following:

Regulates pesticide application and fertilizer registration, establishes safe application •requirements for both pesticides and fertilizers, and develops an Idaho PMP.

Transportation Department ITD’s role in NPS management as it relates to urban/suburban development includes the following:


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Maintains the Best Management Practices Manual (ITD 2019, which includes temporary •and construction site BMPs and permanent and postconstruction BMPs.

Maintains the Environmental Process Manual (ITD 2011) to provide guidance for •complying with federal, state, and local environmental laws and regulations while planning, designing, constructing, and maintaining transportation facilities in Idaho.

Completes roadway and right-of-way maintenance in compliance with state and federal •regulations pertaining to water quality, air quality, the Idaho PMP, and the Idaho “Ground Water Quality Rule.”

4.3.5 Transportation

Transportation routes (e.g., roads, highways, and railroads) can be significant sources of NPS pollution. Specifically, runoff from transportation facilities and infrastructure can carry pollutants including hydrocarbons, salts, and sediment. Water infiltrating into the soils can carry with it nutrients, metals, and hydrocarbons that can contaminate ground water resources. In addition to DEQ, the following agencies are responsible for NPS management activities as they relate to transportation: IDFG, IDL, ITD, BLM, USFS, and USACE. Appendix A, Table A6 lists goals related to transportation and NPS pollution.


DEQ’s role in NPS management as it relates to transportation-related projects includes the following:

Reviews proposed projects and issues Clean Water Act § 401 water quality certifications. • Conducts site investigations and inspections as necessary. •


IDFG is involved in most implementation efforts that deal with riparian or habitat restoration and protection and provides technical assistance and funding, as necessary. IDFG’s role in NPS management as it relates to transportation-related projects includes the following:

Works with local, state, federal, and private (e.g., Trout Unlimited) partners to ensure •consistency in habitat and fish restoration activities statewide.


IDL’s role in NPS management as it relates to transportation-related projects includes the following:

Works closely with DEQ in conducting the quadrennial Forest Practices Act/water •quality audits, which help achieve state-federal consistency for NPS activities on forestlands.


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Idaho Transportation Department

ITD’s role in NPS management as it relates to transportation-related projects includes the following:

Maintains the Best Management Practices Manual (ITD 2019, which includes temporary •and construction site BMPs and permanent and post construction BMPs.

Maintains the Environmental Process Manual (ITD 2011) to provide guidance for •complying with federal, state, and local environmental laws and regulations while planning, designing, constructing, and maintaining transportation facilities in Idaho.

Completes roadway and right-of-way maintenance in compliance with state and federal •regulations pertaining to water quality, air quality, the Idaho PMP, and the Idaho “Ground Water Quality Rule.”

Agency Coordination to Reduce NPS Pollution 4.4

Idaho's ongoing NPS program relies on the coordinated efforts of numerous agencies and organizations having an interest in managing NPS water pollution. Because numerous agencies are involved with NPS pollution management, coordination among agencies is vital to reducing NPS pollution. Coordination can occur in a number of different ways, including the following:

Where some activities clearly fall under the jurisdiction of federal partners, state agencies •and other entities can assist with the oversight of projects on federal lands to make certain they are properly managed to reduce soil erosion. In these cases, a number of interagency agreements are in place to ensure compliance with state requirements (section 4.4.1).

Where some activities are state responsibilities, partners may assist with developing •policies to protect water quality. Idaho has a comprehensive series of statutes, rules, information, and guidance to direct NPS pollution management.

General, long-term roles and responsibilities of the partner agencies are described in Appendix A. Specific, near-term tasks relative to the Idaho’s NPS Management Program are defined in the Water Quality Division Performance Partnership Agreement (PPA) between EPA and DEQ (Appendix B). The list below identifies the state and federal agencies as well as private partners that DEQ works with to abate and prevent NPS pollution.

State Partners

Idaho Department of Fish and Game • Idaho Department of Lands • Idaho Department of Water Resources • Idaho State Department of Agriculture • Idaho Soil and Water Conservation Commission • Idaho Transportation Department • Idaho soil conservation districts • Idaho public health districts • Office of Species Conservation •


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Federal Partners

US Environmental Protection Agency • USDA–Agricultural Research Service • US Bureau of Land Management • US Bureau of Reclamation • USDA Natural Resources Conservation Service • US Forest Service • US Geological Survey • US Fish and Wildlife Service • US Army Corps of Engineers •

Public Partners

Bonneville Power Administration • Trout Unlimited • Ducks Unlimited • Rocky Mountain Elk Foundation •

4.4.1 Agreements with Partner Agencies

DEQ’s working relationship with other agencies operating within Idaho on issues related to water quality and NPS pollution is largely defined and memorialized in two memoranda of understanding (MOU) and a cooperative agreement:

The 2020 “Memorandum of Understanding between the Idaho Department of •Environmental Quality, Idaho Department of Lands, US Department of Interior Bureau of Land Management, and the USDA Forest Service Northern and Intermountain Regions” defines the roles and responsibilities necessary for DEQ, IDL, USFS, and BLM to work cooperatively on silvicultural NPS issues within their respective jurisdictions. www.deq.idaho.gov/media/1041346-nps_program_implementation_mou_2013.pdf

The “Memorandum of Understanding Implementing the Nonpoint Source Water Quality •Program in the State of Idaho” and associated appendices outline the roles and responsibilities of the various agencies and organizations in implementing the NPS water quality provisions of the federal Clean Water Act for the State of Idaho. www.deq.idaho.gov/media/1118043/mou-implementing-nonpoint-source-wq-program-appendices.pdf

The 2008 “Idaho Ground Water Protection Interagency Cooperative Agreement” defines •roles and sets requirements for ground water–related plans and programs that are fundamental to completing a comprehensive, statewide NPS management program. www.deq.idaho.gov/media/565903-interagency_gw_cooperative_agreement_2008.pdf

While the MOUs listed above are specific to DEQ and partner agencies, other MOUs among the various agencies, independent of DEQ’s involvement, should also be noted, particularly the “Memorandum of Understanding between the Idaho Department of Water Resources and the USDA, Forest Service Intermountain and Northern Regions” (Appendix C). This MOU

http://www.deq.idaho.gov/media/1041346-nps_program_implementation_mou_2013.pdf

http://www.deq.idaho.gov/media/1041346-nps_program_implementation_mou_2013.pdf

http://www.deq.idaho.gov/media/1118043/mou-implementing-nonpoint-source-wq-program-appendices.pdf

http://www.deq.idaho.gov/media/1118043/mou-implementing-nonpoint-source-wq-program-appendices.pdf

http://www.deq.idaho.gov/media/565903-interagency_gw_cooperative_agreement_2008.pdf

http://www.deq.idaho.gov/media/565903-interagency_gw_cooperative_agreement_2008.pdf


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documents cooperation between the parties to implement the Idaho Stream Channel Protection Act within Idaho on lands administered by the USFS.

4.4.2 Coordination with Federal Partners

With the vast holding of federal and tribal lands in Idaho, coordinating monitoring and remediation activities for NPS pollution control can be a formidable task. Through the Beneficial Use Reconnaissance Program (BURP), use of the water body assessment protocol, and by operating under Idaho’s watershed approach to managing its resources, the state can ensure that federal and tribal land use and water quality issues will be taken into account under existing BAG and WAG processes. This practice provides the state the opportunity to review federal land management actions and identify those lands not being managed in a manner consistent with state programs. Federal agencies are expected to notify DEQ regional offices of planned actions and provide environmental assessments, management plans, and environmental impact statements to solicit state input on a wide range of environmental effects, including water quality. Once a nonpoint source of pollution is identified, the appropriate state agencies will work with the corresponding federal agency to develop and implement a plan to mitigate the problem in a manner that will protect or restore beneficial uses.

4.4.3 EPA Liaison

To ensure consistency in practices, the state may request EPA assistance to conduct educational and liaison activities and to provide technical assistance for itself and other partners. If requested, EPA may also serve to facilitate state–federal negotiations, and assist with mediation and conflict resolution. EPA and DEQ may partner to support pollution abatement and environmental protection efforts and to ensure all federal efforts are compatible with the state’s water quality standards and NPS water quality program goals.

Funding Implementation Activities 4.5

By funding projects that will implement BMPs or support BMP implementation on impaired waters and by continuing to evaluate all project proposals based on their ability to produce measureable improvements in water quality, the NPS Management Program seeks to achieve and document water quality improvement. As TMDLs are developed and implemented, on-the-ground water quality implementation plans should be developed with the support of local WAGs and BAGs (section 5.8). Funding for implementing BMPs somewhat depends on landownership. Projects implemented on federal lands are often funded by the agency with jurisdiction for managing those lands. Projects planned for private or state lands may be funded through other sources. Programs currently unfunded are listed in Appendix D. Table 4 lists possible NPS project funding sources.


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Table 4. Possible NPS project funding sources. Entity Programs


• Abandoned Mine Lands Program

National Fish and Wildlife Foundation (NFWF)

• Bring Back the Natives Grant Program • Environmental Solutions for Communities (Wells Fargo and the NFWF)

US Army Corps of Engineers

• Project Modification for Improvement of the Environment (Continuing Authority Program [CAP] Section 1135)

• Beneficial Uses of Dredged Material (CAP Section 204) • Aquatic Ecosystem Restoration (CAP Section 206)

US Department of Agriculture

• Agricultural Conservation Easement Program (NRCS) • Conservation Reserve Program (NRCS–Farm Service Agency) • Agricultural Management Assistance (NRCS–Risk Management Agency) • Conservation Stewardship Program (NRCS) • Healthy Forest Reserve Program (NRCS) • Sustainable Agriculture Research and Education (National Institute of Food and

Agriculture) • Watershed Rehabilitation Program (Resource Conservation and Development Program) • Forest Legacy Roads Program (USFS) • National Urban and Community Forestry Challenge Cost-Share Program (administered

through IDL) • Environmental Quality Incentives Program (NRCS)

US Department of Interior (DOI)

• Not-for-Profit Acid Mine Drainage Reclamation (DOI–Reclamation Program) • Water Resources on Indian Lands (Bureau of Indian Affairs) • Partners for Fish and Wildlife Program (USFWS) • State Wildlife Grant Program (nontribal and noncompetitive, USFWS) • Cooperative Endangered Species Conservation Fund (USFWS) • North American Wetlands Conservation Act Grants Program (USFWS)


• Clean Water State Revolving Fund CWSRF (administered through DEQ) • Wetlands Program Development Grants • Nonpoint Source Implementation Grants (administered through DEQ) • Source Water Protection Grants (administered through DEQ) • Urban Waters Small Grant • Preliminary Assessment Program (for private and state lands only, administered through

DEQ) US Geological Survey • Water Resources Research National Competitive Grant Program US Department of Energy

• Bonneville Power Administration

Private Funding Entities

• Ducks Unlimited • Rocky Mountain Elk Foundation • Trout Unlimited • The Nature Conservancy • Idaho Rivers United • Individual landowners


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Protocol for Funding Nonpoint Source Projects with the State 4.6Revolving Fund

This protocol is aimed at § 319 grant applicants that may not score high enough on the § 319 grant ratings to have their projects funded with § 319 grant monies and for State Revolving Fund (SRF) borrowers that have a nonpoint source effort for which they have not pursued § 319 funding. For those entities, there is an alternative source of funding: they can work in partnership with a local (i.e. same basin, 3rd level hydrologic unit code [HUC]) wastewater facility that is seeking a loan through the SRF Program. When SRF loan recipients take out a loan they are generally charged an interest rate which may be lowered to allow for the funding an NPS project. If the SRF interest rate is lowered, the funds for the NPS project would then be made available through the SRF loan, without the wastewater facility customers paying a higher user rate (i.e., the reduction in the interest rate allows the SRF loan recipient to repay a higher debt, while not impacting monthly user rates for wastewater facility customers). While this effort is primarily aimed at lower scoring § 319 grant applicants and SRF borrowers that have not engaged in the § 319 process, there is no reason that high scoring § 319 grant applicants should not proactively opt for SRF funding assistance by entering into a sponsorship arrangement; in this way, the maximum amount of NPS projects could be funded. As an example, Table 5 illustrates how this protocol might be applied.

Table 5. Example of funding using the SRF.

Total Cost Interest Rate and Term of Loan

Interest Cost on SRF Loan

Wastewater Facility Monthly User Rates

(100 Billing Connections)

SRF project alone $1,000,000 2.4% for 20 Years $265,002 $52.71 SRF project and NPS project

$1,250,000 (in this example the NPS project is assumed to cost $250,000)

0.1% for 20 Years $12,854 $52.62

Interest savings remaining to pay for NPS project $252,148 Users see no noticeable impact to their monthly billings

4.6.1 NPS Project Sponsors

Each April, the SRF loan program issues an Intended Use Plan (IUP) in which it lays out its funding plan for the upcoming state fiscal year (begins on July 1 and ends on June 30). Each IUP remains in effect for a single state fiscal year.

For an NPS project to receive SRF funding, the project must be included in the IUP. Input for each year’s IUP is accepted by DEQ’s SRF staff through mid-March of each year. To be considered for SRF funding, an NPS project applicant must share the same basin with the point source (generally a wastewater facility) and do the following,


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Submit a technically complete grant application to DEQ’s § 319 grant program. To be •judged as technically complete, the application must be submitted in a timely manner, according to DEQ’s § 319 grant application requirements, or prior to an SRF loan being signed.

Establish contact with a potential SRF point source loan recipient either independently or •through DEQ. To independently establish contact, the § 319 grant applicant can call their DEQ Regional Office and speak to the SRF engineer to see what potential point source projects are taking place in the basin. The SRF loan recipient must express willingness to sponsor the NPS project. If the SRF loan recipient will not be paying any interest on their loan, there is no excess capacity to amend loan terms to finance the § 319 project.

Agree to comply with established § 319 grant project administrative procedures (e.g., •same staff contacts, same oversight responsibilities). The main differences are that SRF-funded projects require more comprehensive documentation for reimbursements (e.g., copies of supplier invoices, payroll support for personnel charges), and sponsored projects must agree to be completed within 2 years.

NPS funding applicants are encouraged to explore funding coordination opportunities with neighboring communities at an early stage in their § 319 grant funding process. Table 6 illustrates the periods available for such exploration.

Table 6. When should a § 319 funding applicant pursue SRF sponsorship? Time Frame DEQ Process § 319/SRF Applicant Action Item

Mid-December SRF staff begin to receive letters from potential SRF point source loan recipients interested in becoming sponsors and begin to match up volunteer sponsors to lower ranked § 319 applicants.

SRF applicants submit their Letters of Interest for loans and indicate on the Letters of Interest if they are willing to become sponsors. Early volunteer sponsors will receive additional points in the competitive funding priority process.

Mid-December BAG chairs submit their recommendations to DEQ for § 319 projects in upcoming year’s funding.

Check with the DEQ § 319 Program to get an early indication of whether or not your project will be funded in the upcoming year.

Early-January SRF Letters of Interest for the upcoming year’s funding are due. From early January to early February, the SRF regional and state office staff will rate and rank the various projects. The NPS projects seeking SRF funding assistance must be included in the DEQ annual funding plan, which is completed by early-March. If the NPS project is not included in the annual funding plan, the project would face a 14-month delay until it could be funded in the next SRF cycle.

If in mid-December your § 319 project’s funding through the § 319 grant program is questionable, check with the DEQ State Office (Julia Achabal (208) 373-0321 or Jason Pappani (208) 373-0515 to discuss funding through the SRF. Contact the DEQ Regional Office and speak to the Regional Office SRF engineer to see if any municipal sewer projects will be seeking SRF funding.

First week of March

Final stages of preparing the annual SRF IUP Contact the Grants & Loans Bureau Chief, MaryAnna Peavey at (208) 373-0122, with your sponsorship proposal.

4.6.2 Point Source SRF Project Sponsors

The point source loan recipient must have the following:


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Debt capacity—Either obtained via a revenue bond or judicial confirmation to absorb the •NPS project cost, or the debt capacity may be obtained via cost savings for the point source SRF project.

Scope capacity—Obtained via a revenue bond or judicial confirmation to absorb the NPS •project cost into the point source loan project (i.e., the entity’s debt authority must be written broadly enough to encompass the work on the wastewater facility and the work on the NPS project).

Legal review and approval—the addition of the NPS project onto the core wastewater •facility effort should be reviewed and approved by the appropriate staff. The point source loan recipient should talk to the SRF loan manager at (208) 373-0439 to clarify any questions relating to timeliness of these efforts.

Point source loan recipients should also consider incorporating an NPS project into their sewer project when they submit their loan Letter of Interest (between mid-November and early-January). An NPS project addition allows for a higher score on the SRF Priority List, which may provide advantageous SRF funding terms.

4.6.3 DEQ Staff Coordination after NPS Project Funding

DEQ manages SRF-funded NPS projects in the same manner as § 319 grant projects, except for the following:

Invoices that have been reviewed by § 319 staff and approved for payment shall be •routed to the SRF loan coordinator rather than to the Financial Office. The SRF loan coordinator shall enter the invoice and any relevant documents into Content Manager and provide the Financial Office with approval to make the payment. Reimbursement requests funded through the SRF have a more rigorous audit process and require more substantive documentation.

The NPS aspect of the joint project shall be completed within 2 years of project start-up. • Project oversight (for the NPS aspect of these SRF-funded projects) is conducted by •

regional office staff that normally work with § 319 grant projects. Costs for DEQ staff assistance are charged to the SRF program. The § 319 program •

includes these efforts in its annual report and clearly indicates the funding source. Staff time spent working on the SRF-funded NPS projects is coded to the SRF program •

cost codes normally used by the individual offices. Loan closure occurs in two stages if the wastewater facility loan portion is completed •

before the NPS project: The Bond Counsel is informed that the legal closure will occur after completing the NPS •

effort. The repayment period starts after legal closure (with the Bond Counsel) as normal. Interest accrual ends when the wastewater facility portion is completed (i.e., when the

final inspection is done, the rate ordinance is passed, and the O&M manual is completed).


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5 Nonpoint Source Pollution Framework at DEQ DEQ's water quality divisions are responsible for ensuring that the state's ground water, source water, surface water, and drinking water resources meet state water quality standards:

Adopting water quality standards to protect public health and welfare, maintain the •quality of water, and meet the requirements of the federal Clean Water Act.

Certifying projects that require federal permits or licenses, such as a license to operate a •hydroelectric dam, will not cause a violation of state water quality standards.

Monitoring and assessing the levels of pollutants in surface waters, such as rivers and •streams, and report on surface water quality.

Working with communities, industry, and citizen groups to develop and implement water •quality improvement plans when water quality fails to meet state water quality standards and provide grants to support a variety of water quality improvement activities.

Working with public health districts to protect the quality of public drinking water by •helping public drinking water systems comply with state requirements, conducting sampling surveys and on-site visits, reviewing water system plans and specifications, and providing training and outreach to water systems. DEQ also assesses potential contaminant threats to Idaho's drinking water sources.

Protecting ground water from pollution, clean up degraded ground water to support •beneficial uses where feasible, and monitor and assess ground water quality.

Providing guidance for managing storm water discharges generated by runoff. • Establishing standards for treating and disposing of wastewater managed by on-site •

wastewater systems (septic systems) that are not served by public sewer systems. Issuing wastewater reuse permits to protect surface and ground water by establishing •

limits on the amount of wastewater that facilities and industries may use for irrigation or other purposes, provide technical assistance, conduct inspections, enforce permits when necessary.

All water quality management issues are tied together by DEQ’s continuing planning process, which involves all DEQ water programs, the public, and laws and rules.

Prioritization of Watershed Protection Actions 5.1

Priorities for watershed protection in Idaho are initially defined through the work of the various water quality division programs:

Ground water quality is assessed to ensure that ground water continues to be drinkable. •Because 95% of Idaho obtains drinking water from ground water, the Ground Water Bureau monitors ground water for the primary NPS contaminant, nitrate. The result of this monitoring effort section 5.2, is the delineation of NPAs across the state.

Source waters are assessed through routine source water assessments (section 5.3). • Surface water quality is assessed through biennial assessment of water bodies to •

determine protection of beneficial uses. The results are summarized in the Integrated Report, which ranks Idaho waters into five categories (section 5.4).


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Drinking water quality is continually assessed through a process of engineering reviews •of drinking water system design and routine monitoring of drinking water systems (section 5.5).

DEQ administers a point source discharge elimination program and is responsible for •issuing and enforcing all discharge permits in Idaho. The state’s role is to certify point source permitted projects comply with state water quality standards.

Idaho works closely with USACE (section 5.7), to ensure that discharges of dredged or •fill material do not violate Idaho’s water quality standards.

Final priorities are established by the actions of advisory groups (section 5.8), ensuring •public participation in watershed protection.

To ensure the continued viability of the water quality protection process, it is continually •assessed as described in section 5.9.

Idaho does not prioritize protection of high-quality waters. Such waters are typically wilderness waters, and it is not the best use of DEQ’s limited resources to survey such waters at this time. Instead, priority is assigned to address those waters whose beneficial uses are threatened. In addition, Idaho does not currently have a policy on climate change that informs NPS pollution protection. The state is aware that potential impacts of climate change—such as increased stream temperatures and increased potential for larger wildfires (Gillis et al. 2010)—may produce additional challenges for the NPS Program that will need to be addressed in future years.

Ground Water Program 5.2

DEQ is the state’s lead agency for protecting the quality of ground water in Idaho and relies on a combination of programs to protect ground water from pollution, clean up degraded ground water, and monitor and assess ground water quality. DEQ's ground water policy is to maintain and protect the existing high quality of Idaho's ground water and restore degraded ground water where feasible to support ground water beneficial uses. DEQ partners with the ISDA, IDWR, and other state, local, and private agencies, organizations, businesses, and individuals to achieve this goal.

5.2.1 Beneficial Uses

Idaho Code §§39-120 through 127 designates DEQ as the primary state agency to coordinate and administer ground water quality protection programs. Rules have been promulgated under this statute to ensure DEQ maintains and protects the existing high quality of the state's ground water and the existing and projected future beneficial uses of ground water and interconnected surface water. Within Idaho, all ground water is protected for meeting drinking water beneficial uses. Ground water provides drinking water to 95% of Idahoans.

5.2.2 Ground Water Protection Process

Protecting Idaho's ground water resource is a continual process. Nitrate is the primary NPS contaminant addressed by DEQ’s Ground Water Bureau. The NPA process was developed in conjunction with the Idaho Ground Water Monitoring Technical Committee in 1999 and formalized in DEQ Policy Memorandum PM00-04 (DEQ 2000). The policy directs DEQ to


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delineate, prioritize, and develop improvement strategies with local input; evaluate effectiveness of the strategies; pursue aquifer recategorization if necessary; and remove degraded areas from the priority list, if appropriate. The policy was developed to apply to a variety of contaminants, but it has not been implemented for any constituent beyond nitrate. Since the policy was developed, DEQ has worked with the Ground Water Monitoring Technical Committee to define the criteria for delineating and prioritizing degraded areas. The criterion for an NPA is 25% of the sites sampled are equal to or greater than one-half of Idaho’s ground water quality standards. In an NPA, 25% of the sampled sites have nitrate concentrations greater than or equal to 5 milligrams per liter (mg/L), which is one-half the standard of 10 mg/L. NPAs were delineated in 2002, 2008, and 2014.

Step 1—Collect and Compile Data

Every 5 years, ground water quality data collected by DEQ, USGS, IDWR, ISDA, and public water systems are compiled by DEQ. The compiled data are then combined with monitoring results dating back to 1990. The data are located spatially. If a site has been sampled multiple times, the most recent result is used in delineating the NPA.

Step 2—Assess Data

Once each sample site is spatially located and the most recent nitrate value is assigned, the NPAs are delineated using a combination of factors including land use, geology, aquifer boundaries, political boundaries, and professional judgment. The 2002 NPAs were delineated based on geology, aquifer boundaries, land use, and professional judgment. For the 2008 ranking, to decrease the reliance on the potential subjectivity of professional judgment, two geostatistical methods—indicator kriging and ordinary kriging—were incorporated in the process. Geostatistical software packages for indicator kriging and ordinary kriging, available for ESRI ArcMap, were applied to the data for both 2008 and 2014. Indicator and ordinary kriging are applied to the data to determine the probability of exceeding a specific concentration and interpolate values between locations. The result is then analyzed with professional judgment and local knowledge to define and delineate the NPAs. The 2014 NPAs are shown in Figure 1 (DEQ 2014a).


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Figure 1. 2014 Idaho NPAs.

2014


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Following delineation, the areas are then prioritized or ranked in order of nitrate contamination severity. The ranking process considers three weighted principal criteria: population, existing water quality, and water quality trends. A secondary criterion, impacts to beneficial uses other than potable water supply, is considered to a lesser extent. The nitrate ground water quality trends were analyzed by the USGS in 2002 and the IDWR in 2008 and 2014. Reports documenting the trend analysis methods were created by each agency and are available at DEQ’s Nitrate in Ground Water web page: http://www.deq.idaho.gov/water-quality/ground-water/nitrate.aspx.

Step 3—Write and Submit Required Reports

A report summarizing the NPA delineations and ranking is created for each update. Changes in NPA rankings have been observed and can be attributed to several different factors. In some areas, median nitrate values have increased, resulting in an increasing trend and a higher ranking. Conversely, the median nitrate concentration has decreased in other NPAs, resulting in a lower ranking. Through time, the number of NPAs with increasing trends has been reduced, while the number of NPAs with decreasing trends has risen (Table 7). Ideally, this represents an improvement in ground water quality.

Table 7. NPA trends.

Year NPAs with Increasing Trend

NPAs with Decreasing Trend

2002 9 1 2008 4 1 2014 3 4

Some of the changes in trend may be attributed to changes in the size of the NPA due to changes in water quality in parts of the NPA. Originally, some DEQ regions felt that large areas with similar hydrogeology were appropriate for countywide planning. The kriging process together with additional monitoring has improved defining areas where degradation is more severe, which has reduced the size of some NPAs. The reduction in size may have removed a dilution factor that mixed areas with low nitrate concentrations. For example, in 2008 the Cassia County NPA was 302 square miles, but it was reduced to 154 square miles in 2014. The average nitrate concentration was 6.34 mg/L in 2008 and 7.16 mg/L in 2014. The area was calculated with no trend in 2008, yet had an increasing trend in 2014. As shown in Table 8, in comparison with trends in 2008, three NPAs had increasing trends, and four had decreasing trends. The ranking has also changed significantly in some areas, which could be reflected by change in NPA size and/or changes in ground water quality.

http://www.deq.idaho.gov/water-quality/ground-water/nitrate.aspx

http://www.deq.idaho.gov/water-quality/ground-water/nitrate.aspx


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Table 8. 2002–2014 NPA trends.

Year Nitrate Priority Area Square Miles

Total Sites

Avg. NO3

No. ≥ 10.00 mg/L

Trend Rank

2002 Burley/Marsh Creek 265 234 6.36 40 Increase 3 2008 Cassia 302 384 6.34 65 No trend 9 2014 Cassia 154 402 7.16 91 Increase 1 2002 Lindsay Creek N/A N/A N/A N/A N/A N/A 2008 Lindsay Creek 44 45 4.74 9 No trend 22 2014 Lindsay Creek 44 67 5.64 17 Increase 3 2002 Blackfoot N/A N/A N/A N/A N/A N/A 2008 Blackfoot 24 15 6.98 3 No trend 20 2014 Blackfoot 65 30 4.68 2 Increase 6 2002 Rupert 182 236 5.60 18 No trend 9 2008 Minidoka 230 319 5.35 27 No trend 12 2014 Minidoka 230 337 5.45 30 Decrease 25 2002 Payette 48 74 6.50 15 No trend 10 2008 Lower Payette 42 119 6.05 22 No trend 11 2014 Lower Payette 45 246 5.91 38 Decrease 31 2002 Purple Sage N/A N/A N/A N/A N/A N/A 2008 Purple Sage 22 87 5.26 9 No trend 20 2014 Purple Sage 26 120 5.28 11 Decrease 34 2002 Twin Falls 382 303 5.30 17 Increase 2 2008 Twin Falls 593 605 5.20 34 Increase 1 2014 Twin Falls 561 618 5.18 35 Decrease 21 Notes: Nitrate (NO3), milligrams per liter (mg/L). “N/A” means the area was not an NPA during that period.

Step 4—Develop an Implementation Plan

DEQ has worked with local stakeholders in a number of NPAs to develop and implement ground water quality improvement plans. The plans are developed by local voluntary citizen advisory committees with DEQ assistance. Because the plans are voluntary, implementation depends on the cooperation of local organizations.

Step 5—Continue to Monitor and Analyze Ground Water

Typically, no formal monitoring is conducted to monitor effectiveness of site-specific ground water quality improvement plan implementation activities. State agencies such as DEQ, IDWR, and ISDA continue to conduct ground water sampling in NPAs for future trend analysis studies to evaluate BMP effectiveness on a large scale.


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Source Water Assessment and Protection Program 5.3

The Source Water Assessment and Protection Program is two-fold in that all recognized public water sources in Idaho are required to develop a source water assessment. The second component to the program is a voluntary effort whereby communities can implement a source water protection plan to prevent contamination of the source water that supplies its public water system.

Surface Water Bureau 5.4

The Surface Water Bureau is responsible for ensuring Idaho’s streams, rivers, lakes, reservoirs, and wetlands meet Idaho’s water quality standards and support their beneficial uses. Water quality standards are the benchmarks DEQ uses to gauge protection of Idaho's surface waters. The Idaho Water Quality Standards Program is a joint effort between DEQ and EPA. DEQ is responsible for developing and enforcing water quality standards that protect beneficial uses such as drinking water, cold-water aquatic life, industrial water supply, recreation, and agricultural water supply. EPA develops regulations, policies, and guidance to help Idaho implement the program and to ensure that Idaho's adopted standards are consistent with the requirements of the Clean Water Act and relevant regulations. EPA has the authority to review and approve or disapprove state water quality standards and, where necessary, to promulgate federal water quality rules. The federal Clean Water Act establishes a process for states in developing information on the quality of their surface waters. Section 305(b) of the statute requires biennial (every 2 years) reporting on the state’s water quality. To fulfill this requirement, DEQ conducted the Idaho Wadeable Stream Survey from 2013 to 2019. This survey was probability based and designed to provide statistically valid estimates of the condition of all wadeable, sampleable streams in Idaho and did not apply to larger flowing water bodies defined by DEQ as rivers. This survey was conducted in conjunction with the development of the Integrated Report (section 5.4.2, step 3). Data from surveys conducted between 2017 and 2019 were not available for analysis or discussion in the 2018/2020 Integrated Report; however, data are available for streams surveyed from 2013 through 2015 and are discussed in the 2016 Integrated Report (DEQ 2018).

5.4.1 Beneficial Uses

A water quality standard defines the water quality goals for a water body or portion thereof, in part by designating the use or uses to be made of the water. Both narrative and numeric standards can be established to protect beneficial uses. The beneficial use of a water body must consider its actual use, the ability of the water to support in the future a use that is not currently supported, and the basic goal of the Clean Water Act that all waters support aquatic life and recreation where attainable. Idaho must designate its uses accordingly. A designated use is a beneficial use assigned to a specific water body in Idaho water quality rules. The Clean Water Act requires Idaho to recognize existing uses, which are uses that are (or


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were) actually attained in a water body on or after November 28, 1975, whether or not they are designated. Idaho presumes undesignated waters in the state will support cold water aquatic life and contact recreation and therefore criteria associated with those uses are applied to undesignated waters. In designating uses, Idaho considers the use and value of the water body for public water supply; protection of fish, shellfish, and wildlife; and recreational, agricultural, industrial, and navigational purposes. While competing beneficial uses may exist in a river or stream, federal law requires DEQ to protect the most sensitive of the beneficial uses. Idaho evaluates the suitability of a water body for the uses based on the following:

Physical, chemical, and biological characteristics • Geographical setting and scenic qualities • Economic and public values •

Idaho’s water quality standards describe several beneficial uses for which a given water body may be designated (IDAPA 58.01.02.100). Some are compatible (e.g., a water body can support both cold water aquatic life and salmonid spawning). Others are mutually exclusive (e.g., either cold water or warm water aquatic life). In general, most water bodies will support multiple uses (e.g., a recreational use and an aquatic life use). When designated in the water quality standards (IDAPA 58.01.02.110–160), these are statements of the uses a water body is expected to support. Aquatic Life—The criteria associated with this use are designed to protect animal and plant species that live in the water. Some pollutants or conditions that affect aquatic life are water temperature, dissolved oxygen levels, and concentrations of toxic substances such as ammonia, metals, and pesticides. Idaho's water quality standards set criteria for these pollutants or conditions to protect against adverse effects due to human activities. Recreation—Recreational uses are divided into primary contact and secondary contact recreation. Both of these classifications have the same bacteria criterion (IDAPA 58.01.02.251), which protects people from gastrointestinal illness due to incidental ingestion of the water they are recreating in (primary contact) or on (secondary contact). Water Supply—Standards associated with this use indicate whether water from a lake or river is suitable for use as a source for a water supply system. Public drinking water is treated before it is delivered to the tap; a separate set of standards governs treated drinking water. Indicators used to measure the safety or usability of surface water bodies as sources for drinking water include turbidity, which may interfere with treatment, and the presence or absence of toxic substances such as metals or pesticides. Wildlife Habitats—The standards associated with this use are designed to protect water quality appropriate for wildlife habitat. This use applies to all surface waters of the state. Aesthetics—This use applies to all surface waters of the state.

5.4.2 Surface Water Protection Process

Protecting Idaho's surface waters is a continual process. This process involves monitoring or assessing water quality and using the results to report on the status of Idaho's waters and to assist with writing implementation plans for impaired waters. Success under those plans will


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eventually be determined by conducting further monitoring and assessment. The primary steps in this process are described below.

Step 1—Collect Data

The Surface Water Ambient Monitoring Plan (DEQ 2012) outlines DEQ's approach to collecting and integrating ambient water quality monitoring data from a variety of monitoring programs, including BURP, National Aquatic Resource Surveys, Trend Monitoring Network, and special studies. DEQ's BURP deploys crews into the field to collect water temperature data biological samples (e.g., fish, bacteria); chemical measures (e.g., specific conductivity); and habitat data from selected sites. The data are used to help DEQ determine whether beneficial uses are being supported in Idaho's streams and lakes In addition to its own data collection efforts, DEQ solicits and considers data submitted from other agencies, institutions, commercial interests, interest groups, or individuals during every integrated reporting cycle. These data may relate to the existence, support status, or associated criteria for the beneficial uses in a water body. These external data sources are ranked for quality according to three tiers (Table 9). DEQ pursues several avenues for notifying the public of its intent to seek water quality–related data and information from external partners, including disseminating a news release to media statewide, posting announcements to DEQ’s website, and direct mailing notices to interested individuals and organizations such as the USFS, IDFG, and BLM. All data collected and analyzed must be accompanied with a monitoring plan with quality assurance and controls reported.


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Table 9. Data tier comparison.

Step 2—Assess Data and Determine Beneficial Use Support

DEQ relies on several key technical and policy statements in making water quality determinations, which are documented in the Water Body Assessment Guidance (WBAG) (DEQ 2016). This document, which focuses on biology as a measure of aquatic life and water quality status, is the foundation of DEQ’s ambient monitoring and assessment program. The WBAG describes the methods used to consistently evaluate data and determine beneficial use support of Idaho waters. The methodology addresses many reporting requirements and state and federal rules, regulations, and polices.


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The following technical document supports the WBAG:

Biological Assessment Frameworks and Index Development for Rivers and Streams in •Idaho (Jessup 2011).

Using this document, DEQ has a consistent and relevant decision-making process for water-quality assessment.

Step 3 —Submit Integrated Report

Every 2 years, DEQ is required by the federal Clean Water Act to conduct a comprehensive analysis of Idaho's water bodies to determine whether they meet state water quality standards and support beneficial uses or if additional pollution controls are needed. This analysis is summarized in an Integrated Report that serves several functions:

It satisfies the reporting requirements of the Clean Water Act §§ 303(d), 305(b), and 314 •as well as the § 305(b) reporting requirement for § 106 grant funds.

It informs the public about the status of state waters, enabling interested parties to •comment on the status of all Idaho waters and provide any relevant data.

It provides a unique opportunity for the public to understand the overall status of Idaho’s •water quality and gain a better understanding of how DEQ is maintaining, improving, and protecting Idaho’s waters.

It compiles a wealth of data and information from all sections of DEQ's Surface Water •Program as well as from other agencies, organizations, and individuals. These data give water quality managers the ability to take a comprehensive look at the relative quality of Idaho's water bodies to help them set priorities and allocate resources accordingly.

The 2018/2020 Integrated Report was approved by EPA on October 30, 2020. Based on existing and readily available water quality data and information assessed for the 2018/2020 Integrated Report, 35% of streams and 6% of lakes are fully supporting state water quality standards, 36% of streams and 53% of lakes are not fully supporting state water quality standards, and 29% of streams and 41% of lakes have not been assessed (DEQ 2020). Water bodies are considered to be fully supporting their beneficial uses if they are in Categories 1 or 2. Unassessed water bodies are those in Category 3, and water bodies not supporting their beneficial uses are those in Categories 4 and 5 (Figure 2).


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Figure 2. Five categories of the Integrated Report.

For the 2018/2020 reporting cycle, Idaho reported a total of 3,786 AU-cause combinations as impaired (Figure 3). This total includes AU-cause combinations captured in Category 4 and/or Category 5. The leading causes of impairment in streams are temperature, sediment/siltation, and Escherichia coli. The leading causes of impairment in lakes are mercury, dissolved oxygen, nutrients, sediment, and lead.

•Waters are wholly within a designated wilderness or 2008 Idaho Roadless Rule “Wild Land Recreation” area and are presumed to be fully supporting all beneficial uses.

Category 1

•Waters are fully supporting those beneficial uses that have been assessed. The use attainment of the remaining beneficial uses has not been determined due to insufficient (or no) data and information.

Category 2

•Waters have insufficient (or no) data and information to determine if beneficial uses are being attained or impaired. Category 3 has an additional subcategory:

Category 3

•Waters do not support one or more beneficial uses, but they do not require development of a TMDL. Category 4 has three subcategories:

Category 4

Category 4a: Waters have a TMDL completed and approved by EPA.

Category 4b: Waters have had pollution control requirements other than a TMDL placed on them, and these waters are reasonably expected to attain the water quality standard within a reasonable period of time.

Category 4c: Waters failing to meet applicable water quality standards due to other types of pollution (e.g., flow alteration), not a pollutant.

•Waters do not meet applicable water quality standards for one or more beneficial uses due to one or more pollutants; therefore, an EPA-approved TMDL is needed. Category 5 water bodies make up the § 303(d) list.

Category 5

Category 3t: Waters are wholly or partially on Indian reservations and are not subject to the state's § 305(b)/§ 303(d) reporting requirements. Beneficial use attainment is not determined or reported for these waters.


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Figure 3. Map of 2018/2020 Integrated Report impaired waters.

Disclaimer: This map only shows a snapshot of the impaired waters from the 2018/2020 Integrated Report. DEQ’s actions with respect to the Integrated Report and such waters do not constitute a determination, waiver, admission, or statement on the part of the State of Idaho with respect to jurisdiction over such waters or the boundaries of any tribal reservation.


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Step 4—Evaluate Impaired Waters to Determine Causes and Source of Pollutants

Where monitoring results show that water quality fails to meet state water quality standards (as documented in the Integrated Report), DEQ further evaluates the water body to determine the causes and sources of pollutants. In Idaho, this evaluation is typically included in a subbasin assessment that is housed within the TMDL document that develops the load analysis and pollutant caps. This information also may be found in a TMDL 5-year review when DEQ reviews existing TMDLs (Step 5). Five-year reviews also may evaluate currently listed waters in anticipation of scheduling them for TMDLs. If the analysis determines the water is not impaired by the listed pollutant, it may be proposed for delisting in the next reporting cycle. The assessment is the first step in either developing a TMDL or recommending delisting the water body from the list of impaired waters (Category 4 and/or 5).

Step 5—Establish Total Maximum Daily Loads for Water Bodies

Using information found during the subbasin assessment, DEQ establishes a TMDL for each impaired water body. The TMDL establishes maximum allowable levels for pollutants causing water quality violations. A TMDL is the maximum amount (load) of a water quality parameter that can be carried by surface water on a daily basis without causing an exceedance of water quality standards. If a water body fails to meet expectations for a particular standard, it qualifies as impaired and is identified as such on the state’s § 303(d) list of impaired waters (Category 5 of the Integrated Report). TMDLs are assessed on a subbasin level, which means water bodies within a hydrologic subbasin are generally addressed in a single document. A subbasin is a cataloging unit established by the US Geological Survey (USGS). Subbasins are identified by USGS 4th-field hydrologic unit codes, or HUCs (Figure 4). Idaho has 86 HUCs, 2 of which do not contain any waters of the state and are not included in Idaho’s water quality standards and 4 of which do not require any TMDLs at this time. DEQ is working under a settlement agreement that established a schedule through 2007 for TMDL development based on HUC, AU, and pollutant. DEQ considered the severity of the pollutant and the uses to be made of such waters when developing and prioritizing the schedule. Although the TMDL settlement schedule was not completed by 2007, DEQ still remains under obligation to develop TMDLs for those waters remaining on the settlement agreement. DEQ has maintained these waters as high priority, except for HUC 17060306. TMDLs for HUC 17060306 are associated with waters within the Nez Perce Reservation. Any TMDLs for waters on the reservations must be developed by EPA, not DEQ. DEQ assigned a low priority to these remaining TMDLs. DEQ reserves the right to reprioritize individual AUs or HUCs based on severity of pollution, funding, personnel availability, and executive or legislative direction. Schedule modifications are done on a case-by-case basis. TMDL development supports many aspects of the NPS Management Program. Monitoring to identify source categories can be used to target key remediation projects. The data can also be used to identify critical conditions when exceedances tend to occur. These conditions must be considered when identifying strategies to reduce load and when performing effectiveness monitoring.


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A TMDL is a plan to attain and maintain water quality standards for waters that are not meeting standards. The steps of the process include the following:

1. Develop an understanding of the water quality pollutant problem (e.g., sediment, temperature, arsenic).

2. Identify the pollutant sources. 3. Quantify the pollutant loads from each of the sources. 4. Allocate pollutant reductions to the sources.

Figure 4. Relationship between 4th-field HUCs, water body identification (WBID), and AUs. (A) Level 4 cataloging units (HUCs) in the nation. (B) 86 HUCs in Idaho (the highlighted HUC is 17060201 Upper Salmon in central Idaho). (C) HUC 17060201, Upper Salmon River, with WBID S-1 highlighted in red. (D) WBID S-1 subdivided into three different AUs.

Idaho Code § 39-3611(7) requires a 5-year cyclic review process for Idaho TMDLs. These reports document the review of approved Idaho TMDLs and implementation plans by considering the most current and applicable information in conformance with Idaho Code § 39-3607, evaluating the appropriateness of the TMDL to current watershed conditions, evaluating the implementation plan, and consulting with the WAG. These reviews also evaluate AUs listed as impaired in the most recent EPA-approved Integrated Report. HUCs due for a 5-year review are also deemed high priority. Those waters that are not subject to the settlement agreement or

A

B

C

D


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due for a 5-year review but are due for a TMDL are assigned medium or low priority based on multiple factors, including when the AU-pollutant was first listed in Category 5, severity of concern, pollutant, complexity of analysis, and availability of resources.

Step 6—Develop an Implementation Plan

Implementation plans are developed by the land use management agencies associated with the particular activity, including ISDA, IDL, ITD, ISWCC, NRCS, BLM, and USFS. An implementation plan is written after a TMDL is developed. The plan provides details and a schedule of the actions needed to achieve specific pollutant load reductions. The plan also identifies the monitoring needed to document the progress toward meeting water quality standards. All the TMDLs, implementation plans, and 5-year reviews developed are available at http://www.deq.idaho.gov/water-quality/surface-water/tmdls/table-of-sbas-tmdls.aspx.

Step 7—Continue to Monitor and Analyze Water Bodies

The implementation plan will specify the monitoring methods needed to determine if the recommended changes are improving water quality and if water quality standards are being met. If a water body is found to be meeting water quality standards (i.e., no TMDL or implementation plan was written), it will be monitored again in the future to ensure it continues to meet standards. Funding is not always readily available for continued monitoring and analysis of water bodies.

Drinking Water Bureau 5.5

DEQ's Drinking Water Bureau protects public health by ensuring drinking water from public water systems (PWS) in Idaho is safe. DEQ is authorized to administer Idaho's Drinking Water Program through the federal Safe Drinking Water Act and the “Idaho Rules for Public Drinking Water Systems” (IDAPA 58.01.08). Approximately 95% of Idahoans rely on ground water for drinking water. Surface water, such as streams, rivers, reservoirs, and springs, supplies the remaining 5%. In Idaho, some 1,960 public drinking water systems serve Idaho's population. PWSs, which may be publicly or privately owned, serve at least 25 people or 15 service connections for at least 60 days per year. Many other Idaho citizens get their drinking water from private wells. These wells are not regulated under the Safe Drinking Water Act; well owners are responsible for ensuring their water is safe. In accordance with Idaho Code § 39-118, “all plans and specifications for the construction of new sewage systems, sewage treatment plants or systems, other waste treatment or disposal facilities, public water supply systems or public water treatment systems or for material modification or expansion to existing sewage treatment plants or systems, waste treatment or disposal facilities, public water supply systems or public water treatment systems, shall be submitted to and approved by the director before construction may begin, and all construction shall be in substantial compliance therewith.” Drinking water system plans must comply with the requirements of IDAPA 58.01.08. Following construction, public drinking water systems must

http://www.deq.idaho.gov/water-quality/surface-water/tmdls/table-of-sbas-tmdls.aspx


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be operated in compliance with the requirements of the same rules; the Idaho Public Water System Switchboard provides information on system monitoring requirements, source water assessment reports, sample results, and other indicators of drinking water quality.

Idaho Pollutant Discharge Elimination System 5.6

The Idaho Pollutant Discharge Elimination System (IPDES) Bureau permits facilities discharging from a point source into waters of the United States. A point source is a conveyance such as a pipe or other point. An IPDES permit contains limits on what can be discharged and other provisions to ensure that the discharge does not harm water quality or the public's health. There are two types of IPDES permits:

An individual permit is written specifically for an individual facility. • A general permit may cover multiple facilities within one industry, such as aquaculture, •

or may cover multiple facilities from different industries but that have a similar discharge, such as storm water. General permits are only issued to dischargers within a specific geographical area.

DEQ administers the IPDES Program and is responsible for issuing and enforcing all IPDES permits in Idaho. The state’s role is to certify that IPDES-permitted entities comply with state water quality standards.

§ 404 Permitting 5.7

DEQ's role in the § 404 permitting process entails issuing § 401 certifications that the actions authorized by the permits do not violate Idaho’s water quality standards. DEQ coordinates closely with the USACE during the certification process of § 404 permits. The certification process varies depending on the type of permit the USACE issues for a project. For example, DEQ issued a § 401 certification for the majority of nationwide permits. When the USACE receives an application for a project that can be authorized by one of these permits, there is no need for additional certification by DEQ. The activities covered under these permits must comply with the terms and conditions of the § 401 certification. The USACE generally requires DEQ issue a § 401 certification decision within 60 days. DEQ will request additional time (not to exceed 1 year) to complete the project review and certification process if necessary. Within the time frame, DEQ posts draft § 401 certifications to the website to provide the public an opportunity to comment. Public comment periods typically last for 21 days, although DEQ may offer shorter or longer time frames if justified. DEQ also posts its final certification decisions to the web site.

Basin, Watershed, and Technical Advisory Groups 5.8

BAGs and WAGs play a role in the § 319 grant award process and state water quality management process. These advisory groups do not evaluate projects that are up and running; they evaluate projects at the application stage, before work plans are implemented. As approved

http://www.deq.idaho.gov/water-quality/drinking-water/pws-switchboard.aspx

http://www.deq.idaho.gov/water-quality/drinking-water/pws-switchboard.aspx


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and funded projects are in development, the BAGs and WAGs may request updates from DEQ on the status of projects. DEQ would provide an update at the next available meeting. BAGs are groups of citizens that advise DEQ's director on water quality objectives within Idaho's six basins (Figure 5) and members are appointed by the director. According to Idaho Code § 39-3614, BAG membership must represent the industries and interests directly affected by implementing water quality programs within the basin. Interests represented on BAGs include agriculture, mining, nonmunicipal point source discharge permittees, forest products, livestock, local government, Indian tribes (for areas within reservation boundaries), water-based recreation, and other environmental interests. In addition, each BAG must include a person to represent the public at large who may reside outside the basin. Except for the public-at-large member, each remaining seat must be filled by members who reside within the basin or who represent persons with a real property interest within the basin. Idaho has six BAGs representing the six basins: Southwest, Panhandle, Salmon, Clearwater, Bear River, and Upper Snake. Each BAG is charged with meeting as necessary to conduct business and to provide general coordination of the water quality programs of all public agencies pertinent to each basin. Their duties include providing advice to DEQ’s director on the following:

Priorities for monitoring within the basin • Necessary revisions in the beneficial uses for water bodies within the basins • Categories to which water bodies in the basin should be assigned • Processes for developing and implementing TMDLs • Members to be appointed to WAGs • Priorities for water quality programs within the basin based on available economic •

resources Similar to the BAGs, WAGs are made up of DEQ director-appointed local citizens from the agriculture, mining, forest products, livestock, and water-based recreation industries and from point source dischargers, local government, Indian tribes, environmental groups, and affected land management or regulatory agencies. WAGs provide input and guidance on specific watersheds to DEQ for use in developing a TMDL. The WAG provides an opportunity for concerned and involved citizens to participate in the TMDL process from start to finish. WAGs do not typically write the TMDL document but are an integral part of the process. Their input is given great deference in TMDL development and implementation.


45

Figure 5. Idaho basins and DEQ regions.

Because efforts to reduce pollution often come with some level of economic, social, or cultural impact, it is important that WAG membership reflect the many interests in the watershed and represent a broad cross-section of the community. The key responsibilities of WAGs include the following:

Advise DEQ on matters of concern to the community. • Contribute, with DEQ, to the education of watershed residents on water quality issues. • Recommend to DEQ the specific actions needed to effectively control sources of •

pollution. Assist DEQ in identifying contributing pollution sources in the watershed. • Assist DEQ in assigning pollution reduction allocations among contributors. •


46

Assist DEQ in developing an implementation plan and set in motion what is needed to •meet the water quality targets identified in the TMDL.

Many of the issues involved in developing a TMDL are technical or legal in nature. Technical advisory groups (TAGs) can assist a WAG in evaluating these issues. TAGs are comprised of knowledgeable citizens and experts from groups like DEQ, IDFG, USDA, USFS, Indian tribes, EPA, and other groups, organizations, or agencies with a vested interest in water quality issues.

Continuing Planning Process 5.9

As the agency tasked with implementing the federal Clean Water Act in Idaho, DEQ is required by § 303(c) to develop a continuing planning process that describes the ongoing processes and planning requirements of the state’s water quality program. The continuing planning process describes how Idaho manages water quality and evolves as circumstances change. DEQ’s water quality planning activities comprise a continual loop of interrelated laws and rules, water quality programs, water quality monitoring and assessment, implementation of water quality maintenance and restoration projects, and ongoing planning. Continual feedback, public involvement, improvement, and change are inherent in these programs. Federal regulations require the following processes:

Limit effluents discharged to water from point sources such as industrial sites and •publically owned treatment works.

Conduct basin-wide and statewide planning activities aimed at setting priorities. • Develop water quality improvement plans for water bodies that do not meet Idaho’s •

water quality standards. Update and maintain water quality management plans composed of various programs and •

guidance documents. Ensure intergovernmental cooperation in implementing the state water quality •

management program through state laws, regulations, and memoranda of understanding or agreement.

Establish and ensure implementation of new or revised water quality standards for •surface water to protect the public and restore the quality of Idaho’s surface waters.

Develop an inventory and ranking in priority order of needs for construction of waste •treatment works.

Ensure adequate control of residual waste from water treatment processing. • Determine the priority of permit issuance. •

6 Addressing Waters Impaired by Nonpoint Source Pollution Data, derived from decades of studies, drive Idaho's NPS activities and projects. Before NPS activities are implemented, the public plays a key role through involvement in BAGs, WAGs, and TAGs. Various agencies and other stakeholders are involved in project implementation. These projects must be tracked to assess the effectiveness of BMPs and NPS pollution reduction efforts.


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Water Quality Reports 6.1

The quality of Idaho's water bodies has long been a topic of interest among scientists, as evidenced by hundreds of current and historical reports. These reports are available at http://www.deq.idaho.gov/water-quality/surface-water/water-quality-studies-and-reports.aspx.

6.1.1 Water Quality Status Reports

Various government agencies have documented a lengthy history of pollution problems in water bodies in Idaho, dating back to 1952 when a biologist for the US Public Health Service reported on an analysis of bottom fauna in collections from the Clearwater and Snake Rivers. Water quality status reports have been prepared to address pollution problems in such water bodies as Bear Lake, Cascade Reservoir, Dry Creek, Indian Creek, and a number of other creeks, lakes, reservoirs, and rivers across Idaho. These reports offer recommendations on how to improve the water quality in these water bodies.

6.1.2 Water Body Studies and Plans

More recently, other water body studies and plans include the results of use attainability analyses and case studies on temperature criteria. Water quality reports can be searched by geographic area and are accessible via the DEQ Regional Office web pages.

Addressing NPS Pollutants through Project Implementation 6.2

DEQ develops TMDLs to improve water quality when water bodies are not meeting water quality standards. When a TMDL is completed, the next task is to implement its recommendations and meet its goals. An implementation plan, guided by the approved TMDL, provides details of the actions needed to achieve load reductions and a schedule of those actions. Once the implementation plan has been reviewed and approved, a management agency implements the actions outlined in the plan. DEQ § 319 subgrants are critical to Idaho's NPS Management Program because they provide some of the funding necessary to help DEQ achieve its water quality protection realities in watersheds throughout the state. Each year, DEQ Regional Offices identify priority program and watershed targets for their respective regions. A successful subgrant recipient will implement a project that focuses on improving the water quality in a lake, stream, river, or aquifer. Funds may be used to address a variety of NPS management and prevention issues:

Agriculture • Urban storm water runoff • Transportation • Silviculture or forestry • Mining • Hydrologic and habitat modification and related activities (including wetlands •

reconstruction) Most of the § 319 funds are passed through to the local level for implementation projects.

http://www.deq.idaho.gov/water-quality/surface-water/water-quality-studies-and-reports.aspx


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Using Funds Efficiently 6.3

Idaho predominantly uses its § 319 funds for waters that are § 303(d) listed or have TMDLs. Waters with TMDLs are found in most of Idaho’s 86 subbasins. Funding needs regularly exceed the available funding. With limited funds to achieve measurable water quality improvements or protection, DEQ developed and maintains technical and financial partnerships to leverage its funding to accomplish a large percentage of the § 319 workload. Some of these partners include the following:

USDA–NRCS, includes work in conjunction with its Agricultural Conservation •Easement Program, Regional Conservation Partnership Program, Environmental Quality Incentive Program, and the National Water Quality Initiative.

US Department of Commerce–National Oceanic and Atmospheric Administration •Fisheries and Idaho’s Office of Species Conservation undertakes efforts pertaining to endangered species in the Clearwater and Salmon River watersheds. Many of these efforts are mandated by the Snake River Basin Adjudication and involve the Pacific Coast Salmon Recovery Fund.

US Department of Defense–USACE provides work on § 319 projects that fall under their •Continuing Authority Program, specifically sections 204, 206, and 1135.

US Department of Interior–Fish and Wildlife Service works on projects involving waters •with Bull Trout present, and lands and watersheds with Sage Grouse habitat. Funds available through the Landowner Incentive Program and North American Wetlands Conservation grants have been included on several § 319 projects, often as a nonqualifying match.

US Department of Transportation contributes to improving various right-of-ways by •implementing BMPs with Federal Highway Fund dollars.

The Nature Conservancy • Palouse-Clearwater Environmental Institute • Wood River Land Trust • Trout Unlimited • North American Wild Grouse Association •

A comprehensive list of the many partners DEQ has worked with to leverage § 319 funds to complete a variety of NPS projects can be reviewed in DEQ’s database of funded projects. Interested parties can contact DEQ’s NPS Management Program for further information.

Assessing the Effectiveness of BMPs 6.4

DEQ practices a feedback loop approach (Figure 6) to manage NPS pollution by implementing various BMPs. The appropriate BMPs to apply to a given situation are determined after undergoing a thorough planning process. The BMPs are applied by land managers or cooperators based on the site-specific conditions. The effectiveness of the BMPs implemented is assessed through on-site evaluations and by using other ambient monitoring processes. All monitoring data collected are evaluated against the appropriate criteria. Depending on results, BMPs can later be modified or a new approach can be considered for implementation until beneficial uses are restored and maintained.


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Figure 6. Idaho’s BMP feedback loop.

Assessing Success in Reducing NPS Pollution 6.5

The overall achievements of the NPS Management Program are documented in the annual Nonpoint Source Performance and Progress Report. On a smaller, more specific scale, individual accomplishments are recorded in the field evaluation forms that are completed following on-site observations of each project:

Performance and Progress Report. The Clean Water Act § 319(h) requires EPA to •make an annual determination of the adequacy of each state’s progress in meeting its goals within the schedule included in its approved state NPS management plan. This determination must be made before EPA awards any grant funds to the state. The performance and progress report describes the accomplishments of the NPS Management Program. Upon reviewing the report, EPA can determine whether the state program has made satisfactory progress toward meeting its annual performance partnership agreement milestones, as well as all other conditions of its annual program grant.

Field Evaluation Progress Reports. A majority of DEQ’s funding available for •implementing NPS projects is passed through to the local level for on-the-ground work on water bodies with an established TMDL. In any given year, DEQ oversees about 50 active projects underway across the state (DEQ 2020a). Field evaluations allow DEQ to evaluate the progress on site and in real time. All projects are subject to a field evaluation on a biennial basis.

It is important to evaluate projects after they are completed. Project evaluation determines whether implemented BMPs are functioning as intended, and if so, are water quality standards being achieved. Besides tracking watershed restoration and demonstrating program accountability, this information allows the program to make better management decisions by understanding which BMPs were most effective for the cost, which were not effective, and what

1. Criteria, developed to

protect beneficial uses of water . . .

2. are the basis for development and modification of . . .

3. land management practices or best

management practices (BMPs).

4. The BMPs are . . .

5. implemented on-site.

6. BMP effectiveness in protecting water

quality is evaluated through . . .

7. water quality monitoring.

8. The data are evaluated

against the original criteria.


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situations led to successful restoration. Currently, funding limits our abilities to determine whether the goals and objectives of each project, and ultimately the program, are being met. One way DEQ measures success after implementing water body plans and restoration projects is through the EPA National Measure WQ-10 (i.e., § 319 Program Measure). The WQ-10 measure reviews the number of water bodies identified by states (in 1998 or subsequent years) as primarily NPS-impaired that are partially or fully restored. For a water to be counted as "partially or fully restored," it must be featured on EPA's “Section 319 Nonpoint Source Success Stories” website (http://water.epa.gov/polwaste/nps/success319/). By "fully restored," EPA means that all beneficial uses are now being met. By "partially restored," EPA means either of the following two conditions are being met: (1) a water body that has a use that was impaired by more than one pollutant, but after restoration efforts meets the water quality criteria for one or more (but not all) of those pollutants or (2) a water body that initially had more than one use that was less than fully supported, but after restoration efforts one or more (but not all) of those uses are now fully supported. The measure is meant to include not only water bodies restored by § 319-funded projects but also any primarily NPS-impaired water bodies that a state or tribe fully or partially restores, regardless of funding source. EPA has recently highlighted success stories from three northern Idaho streams and one stream in southeastern Idaho. Deep Creek (Palouse River Subbasin), Jordan Creek (Panhandle National Forest), Shoshone Creek (Shoshone Creek Watershed) and Rapid Creek (Lower Portneuf River Subwatershed). Three of the streams have been removed from Category 4a for sediment impairment, and one for bacteria, leading EPA to report these as NPS program success stories. Restoration activities have successfully reduced sediment load and restored the cold water aquatic life beneficial use. These success stories represent decades of restoration work by several stakeholders to reduce NPS pollution and attain sediment TMDL goals. In southern Idaho, the 4th-order segment of Rapid Creek has been removed from Category 4a for bacteria impairment as a result of agricultural and grazing-related BMPs throughout the subbasin. These efforts have successfully reduced bacteria load and restored the secondary contact recreation beneficial use. The success story reports are found at http://water.epa.gov/polwaste/nps/success319/.

http://water.epa.gov/polwaste/nps/success319/

http://water.epa.gov/polwaste/nps/success319/


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References DEQ (Idaho Department of Environmental Quality). 2000. DEQ Policy Memorandum PM00-04.

Policy for Addressing Degraded Ground Water Quality Areas. https://www.deq.idaho.gov/media/72473-pm00_4.pdf

Jessup, B. 2011. Biological Assessment Frameworks and Index Development for Rivers and Streams in Idaho. Owings Mills, MD: TetraTech, Inc..

DEQ (Idaho Department of Environmental Quality). 2012. Surface Water Ambient Monitoring Plan: Second Edition 2011–2020. Boise, ID: DEQ. http://www.deq.idaho.gov/media/457007-ambient-monitoring-plan.pdf.

DEQ (Idaho Department of Environmental Quality). 2014a. 2014 Nitrate Priority Area Delineation and Ranking Process. Boise, ID: DEQ. http://www.deq.idaho.gov/media/1117845/nitrate-priority-area-delineation-ranking-2014.pdf.

DEQ (Idaho Department of Environmental Quality). 2016. Water Body Assessment Guidance. 3rd ed. Boise, ID: http://www.deq.idaho.gov/media/60179244/water-body-assessment-guidance.pdf.

DEQ (Idaho Department of Environmental Quality). 2020. Idaho’s 2018/2020 Integrated Report. Boise, ID: DEQ. https://www.deq.idaho.gov/media/60184976/water-2018-2020-integrated-report-final-1120.pdf

DEQ (Idaho Department of Environmental Quality). 2019. Technical Guidance Manual: Individual and Subsurface Sewage Disposal Systems. Boise, ID: DEQ. https://www.deq.idaho.gov/media/1148/tgm-entire.pdf.

DEQ (Idaho Department of Environmental Quality). 2020a. 2019 Performance and Progress Report. Boise, ID: DEQ.

DEQ (Idaho Department of Environmental Quality). 2020b. Idaho Catalog of Storm Water Best Management Practices. Boise, ID: DEQ. https://www.deq.idaho.gov/media/60184297/storm water-bmp-catalog.pdf

DEQ (Idaho Department of Environmental Quality). 2020c. Idaho Department of Environmental Quality 2021–2024 Strategic Plan. Boise, ID: DEQ. https://www.deq.idaho.gov/about-deq/planning-performance/.

DEQ and ISDA (Idaho Department of Environmental Quality and Idaho State Department of Agriculture). 2015. Idaho Agricultural Pollution Abatement Plan. https://swc.idaho.gov/wp-content/uploads/sites/78/2019/08/final-2015-apap-lowres.pdf.

EPA (US Environmental Protection Agency). 2012. “Section 319 Program Guidance: Key Components of an Effective State Nonpoint Source Management Program.” https://www.epa.gov/sites/production/files/2015-09/documents/key_components_2012.pdf. .

https://www.deq.idaho.gov/media/72473-pm00_4.pdf

http://www.deq.idaho.gov/media/457007-ambient-monitoring-plan.pdf

http://www.deq.idaho.gov/media/1117845/nitrate-priority-area-delineation-ranking-2014.pdf

http://www.deq.idaho.gov/media/1117845/nitrate-priority-area-delineation-ranking-2014.pdf

http://www.deq.idaho.gov/media/60179244/water-body-assessment-guidance.pdf

http://www.deq.idaho.gov/media/60179244/water-body-assessment-guidance.pdf

https://www.deq.idaho.gov/media/60184976/water-2018-2020-integrated-report-final-1120.pdf

https://www.deq.idaho.gov/media/60184976/water-2018-2020-integrated-report-final-1120.pdf

https://www.deq.idaho.gov/media/1148/tgm-entire.pdf

https://www.deq.idaho.gov/media/60184297/stormwater-bmp-catalog.pdf

https://www.deq.idaho.gov/about-deq/planning-performance/

https://www.deq.idaho.gov/about-deq/planning-performance/

https://swc.idaho.gov/wp-content/uploads/sites/78/2019/08/final-2015-apap-lowres.pdf


https://www.epa.gov/sites/production/files/2015-09/documents/key_components_2012.pdf

https://www.epa.gov/sites/production/files/2015-09/documents/key_components_2012.pdf


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EPA (US Environmental Protection Agency). 2013. “Nonpoint Source Program and Grants Guidelines for States and Territories.” https://www.epa.gov/sites/production/files/2015-09/documents/319-guidelines-fy14.pdf.

EPA (US Environmental Protection Agency). 2014b. “Tribal Nonpoint Source Program.” http://water.epa.gov/polwaste/nps/tribal/.

Gillis, S., B. Knapp, J. Wolf, J. Izo, K. McElligot, J. Reader, D. Peterson, D. VanSant, and N. Weller. 2010. Indicators of Climate Change in Idaho. 2010. http://webpages.uidaho.edu/jabatzoglou/PDF/IndicatorsofClimateChangeIdaho.pdf .

Idaho Legislative Services Office. 2020. 2020 Idaho Fiscal Facts. https://legislature.idaho.gov/lso/bpa/pubs/ff/.

ITD (Idaho Transportation Department). 2011. Environmental Process Manual. https://itd.idaho.gov/env/.

ITD (Idaho Transportation Department). 2019. Best Management Practices. https://itd.idaho.gov/env/?target=storm water.

Statista 2020. Population Density in the US. https://www.statista.com/statistics/183588/population-density-in-the-federal-states-of-the-us/

US Census Bureau. 2019. State and County QuickFacts: Idaho. https://www.census.gov/quickfacts/fact/table/US/PST045218.

US Congress. 1972. Clean Water Act (Federal Water Pollution Control Act). 33 USC §1251–1387.

Visit Idaho. About Idaho, 2020. https://visitidaho.org/about-idaho/

https://www.epa.gov/sites/production/files/2015-09/documents/319-guidelines-fy14.pdf

https://www.epa.gov/sites/production/files/2015-09/documents/319-guidelines-fy14.pdf

http://water.epa.gov/polwaste/nps/tribal/

http://webpages.uidaho.edu/jabatzoglou/PDF/IndicatorsofClimateChangeIdaho.pdf

http://webpages.uidaho.edu/jabatzoglou/PDF/IndicatorsofClimateChangeIdaho.pdf

https://legislature.idaho.gov/lso/bpa/pubs/ff/

https://itd.idaho.gov/env/

https://itd.idaho.gov/env/?target=stormwater

https://www.statista.com/statistics/183588/population-density-in-the-federal-states-of-the-us/

https://www.statista.com/statistics/183588/population-density-in-the-federal-states-of-the-us/

https://www.census.gov/quickfacts/fact/table/US/PST045218

https://visitidaho.org/about-idaho/


Appendix A. Nonpoint Source Goals The following tables list general goals for Idaho’s Nonpoint Source (NPS) Management Program and more specific goals for the Idaho Department of Environmental Quality (DEQ) and partner agencies.


1

Table A1. General program goals. Goal No. Description Milestones Lead

Agency Key Entities Status

G-0 Implement state and federal NPS grant programs to address nonpoint source-related water quality problems.

• In May initiate annual state NPS grant program cycle if funds are allocated from state.

• Report annually to Idaho State Legislature and federal authorities through an annual report.

• By April 15 initiate annual federal NPS grant program.• Award federal subawards within 1 year of receiving

grant funding.• Perform annual field audits on 50% of the active

projects by October 31.• Report annually to EPA through annual NPS report.

Draft submittal by 2-15.• Develop guidance and procedure documents to

support program efforts as needed. Annually submit information on all federally funded

projects to the Grants Reporting and Tracking System (GRTS) database by End of February.

Submit grant package to EPA by March 1 to ensure grant is issued by June 1.

DEQ

G-1 Build and maintain partnerships. Partnerships use a collaborative approach to addressing issues associated with NPS water pollution.

• Update MOUs with key entities as needed to addressNPS goals

• Coordinate biennially with NPS plan agencies todiscuss the format and usefulness of the current planand prepare an update to EPA for the next 5-yearcycle review.

• Continue to encourage public, private, andgovernment partners to prioritize watersheds andresource concerns through the following: Meet annually with USDA NRCS State Technical

Advisory Committee to participate in prioritizingBMPs for cost share increases.

Meet annually and as requested with the SoilConservation Commission and Local SoilConservation Districts to identify and promotepotential NPS improvement projects.

Meet annually and as needed with Basin AdvisoryGroups to prioritize water quality improvementprojects regionally and statewide.

DEQ DEQ, IDFG, IDL, IDWR, ISDA, ITD, BLM, BOR USACE, EPA, NRCS, ISWCC, SWCDs, USFS


2

Goal No. Description Milestones Lead


Meet annually and as needed with WatershedAdvisory Groups to review TMDLs,implementation plans and promote NPSimprovement projects

Leverage the Clean Water State Revolving LoanFund to implement at least one NPS project peryear.

Biannually attend the Idaho Ground WaterMonitoring Technical Committee Meeting.

Annually attend Forest Service Water QualityProtection Program Coordination Meetings

Annually coordinate with Army, Idaho.Transportation Department, Idaho Department ofWater Resources, Idaho Fish and Gameregarding NPS BMPs and §404 permitting.

G-2 Provide technical assistance, outreach, and education. Providing these services and tools will help facilitate NPS assessment, planning, and implementation

• Continue to educate the public on the properimplementation of project BMPs and how they help toachieve specific goals.

• Conduct site visits on 50% of open implementationprojects and a predetermined number of closedprojects to promote project oversite, provide technicalassistance, ensure project is within budget and ontrack for completion.

• Continue to make available the § 319 spreadsheet toaccess a project’s technical and financial information.

• Continue to maintain the § 303(d) list.• Support annual Idaho’s Water Quality Monitoring and

Management Conference through funding for keynotespeaker travel and lodging, venue, audio-visual andcatering Target 100 attendees; feature at least 20

presentations; address at least five NPS topics

DEQ DEQ, IDL, IDWR, ISDA, ITD, BLM, BOR, USACE, EPA, NRCS, ISWCC, SWCDs, USFS


3



G-3 Support ground and surface water monitoring efforts.

• Continue to monitor ground and surface water. Monitoring is performed on schedules developed by the respective agency providing the service. For FY2021-2024, the Idaho DEQ Strategic Plan (Appendix B), includes the goals to complete the annual ground water quality monitoring summary reports, release the revised Nitrate Priority Area rankings, conduct monitoring in 240 wadeable streams, and submit the final 2022 Integrated Report to EPA.

• Continue to implement post project monitoring protocols needed to evaluate the long-term effect of BMP implementation on water quality in the watershed.

• Continue to develop monitoring strategies and plans for use at various scales within a watershed (e.g., field level, tributary, lake). The current PPA (Appendix B) states the goal of populating DEQ’s ground water quality database with new and historical data and refining online mapping applications to increase public accessibility.

DEQ DEQ, IDWR, ISDA, USGS, ISWCC, SWCDs, IASCD, ITD

• Conduct MS4 permit-related surface water quality monitoring.

ITD

G-4 Integrate ground and surface water quality activities within basins and watersheds to improve program efficiencies and provide for better protection and restoration (where needed) of ground and surface water beneficial uses.

• Continue to use the 1996 Idaho Ground Water Quality Plan and Idaho's Integrated Report for planning purposes.

• Continue to use TMDL implementation plans to identify resource concerns for both surface and ground water. Concerns are addressed through a comprehensive planning process including the Idaho Agricultural Pollution Abatement Plan, the Field Guide for Evaluating BMP Effectiveness, and the Conservation Reserve Enhancement Program (CREP). DEQ intends to continue to develop TMDLs according to the priorities established in the most recently approved Integrated Report.

ISWCC DEQ, ISWCC, SWCDs, IASCD, ISDA

G-5 Implement pollutant trading. On-going implementation of the pollutant trading policy and requirements as addressed in the Water Quality Trading Guidance.

DEQ DEQ, EPA

http://www.deq.idaho.gov/media/462972-idaho_gw_quality_plan_final_entire.pdf

http://www.deq.idaho.gov/media/462972-idaho_gw_quality_plan_final_entire.pdf

http://www.deq.idaho.gov/water-quality/surface-water/monitoring-assessment/integrated-report.aspx



https://www.landcan.org/pdfs/bmp_april2013-sml.pdf


https://www.fsa.usda.gov/FSA/webapp?area=home&subject=copr&topic=cep

https://www.fsa.usda.gov/FSA/webapp?area=home&subject=copr&topic=cep

https://www.deq.idaho.gov/media/60179211/water-quality-trading-guidance-1016.pdf

https://www.deq.idaho.gov/media/60179211/water-quality-trading-guidance-1016.pdf


4



G-6 Implement measures to protect drinking water from the effects of NPS pollution.

• Continue to coordinate source water protectionactivities as addressed in source water protectionplans and county ground water quality improvementplans.

• Continue to protect surface water for drinking waterbeneficial use where applicable.

• Conduct source water assessments for public watersystems each year.

• Promote source water protection through thedevelopment of drinking water system protectionplans and county ground water quality improvementplans.

• Promote Source Water Protection Grants annually• Promote source water protection as a ranking

endorsement through the § 319 grant selectionprocess.

DEQ DEQ, ISWCC, SWCDs, IASCD, ISDA

G-7 Encourage the use of bioremediation techniques and biofiltration systems in project plans that involve a need for erosion control and stream channel stabilization.

Ongoing, as needed. • Annually, encourage BAGs to consider ranking

endorsements for bioengineering, bioremediation,and biofiltration systems.

DEQ DEQ, IDFG, IDWR, ISDA, IDL, ITD, ISWCC, SWCDs, BLM, BOR, USACE, NRCS, USFS

G-8 Implement the Ground Water Quality Rule.

Ongoing, as needed: • Ensure appropriate monitoring is conducted.• Implement ground water protection activities

DEQ DEQ, IDL, IDWR, USFS, BLM

G-9 WQ-10 success stories Provide a minimum of 1 WQ-10 success story annually.

DEQ

http://www.deq.idaho.gov/water-quality/source-water/protection.aspx

http://www.deq.idaho.gov/water-quality/source-water/protection.aspx


5

Table A2. Agricultural practices. Goal No. Description Milestones Lead Agency Key Entities

AG-L1 Update, maintain, and implement the terms of the Idaho Agricultural Pollution Abatement Plan (AG Plan).

Update, as needed. ISWCC ISWCC, DEQ, IASCD, NRCS, EPA, ISDA

AG-L2 Update and maintain the Idaho Environmental Nutrient Management Program,

Update, as needed. ISDA NRCS, ISWCC, SWCDs, DEQ, IDWR, IDL, IDFG, EPA, University of Idaho

AG-L3 Update the Field Guide for Evaluating BMP Effectiveness. Ongoing, as needed. ISWCC ISWCC, ISDA AG-L4 Maintain and improve fish habitat within impacted streams on

agricultural lands. Ongoing, as needed. IDFG IASCD, ISDA,

ISWCC, SWCDs, NRCS

Ongoing, as needed Landownership dependent

IDL

AG-L5 Complete TMDL implementation plans (watershed management plans) and conservation accomplishment components of 5-year reviews.

Ongoing, as needed. ISWCC ISDA, ISWCC, SWCDs, DEQ, NRCS • Develop TMDLs, outlined in

the TMDL settlement agreement and State’s schedule for TMDL development

• Continue 5-year reviews feedback loop that guides NPS implementation efforts throughout the year.

DEQ

AG-L6 Encourage farm planning and BMP implementation. Generate project status reviews and progress report as needed.

ISWCC ISWCC, NRCS


IDL

AG-L7 Encourage and implement, when possible, the use of grazing control methods such as fencing, developing riparian buffer zones, implementing grazing systems, providing alternative water sources and supplemental feed, and providing alternative shade sources to limit livestock impacts to streams.

Ongoing, as needed. Landownership dependent

IDL, ISWCC, BLM, USFS, ISDA, SWCDs, DEQ

AG-L8 Restore riparian functions affected by past hydrological modification through BMPs.


BLM, IDL, USFS, IDFG, DEQ

AG-L9 Develop and implement other initiatives to address channel modification, irrigation practices, and flow issues.


BOR, IDWR, USACE, irrigation districts



https://agri.idaho.gov/main/animals/environmental-nutrient-management/

https://agri.idaho.gov/main/animals/environmental-nutrient-management/


http://www.deq.idaho.gov/water-quality/surface-water/tmdls/tmdl-implementation-plans.aspx

http://www.deq.idaho.gov/water-quality/surface-water/tmdls/faqs-about-sbas-tmdls.aspx

http://www.deq.idaho.gov/media/430275-agreement_0502.pdf




6

Table A3. Natural resource extraction goals. Goal No. Description Status and Milestones Lead Agency Key Entities

NRE-L1 Evaluate and report on the success of the mining NPS program; identify deficiencies and propose remedies.

Ongoing, as needed. The DEQ 2013 Preliminary Assessment Site Inspection Program Work Plan includes the following tasks for DEQ: • Obtain site access agreements with private

property owners and land management agencies to assess potential waste sites. DEQ and EPA will coordinate prioritization of sites or watersheds to be assessed.

• Continue to maintain the Preliminary Assessment web page.

• Continue to develop and implement a public outreach strategy.

• Complete assessments through desktop research and field site inspections with generation of final reports.

• Provide both new and routine training for DEQ staff.

DEQ DEQ, IDL, BLM, USFS

NRE-L2 Maintain the Best Management Practices for Mining in Idaho.

Ongoing, as needed. IDL IDL, DEQ, IDWR, USFS, BLM

NRE-L3 Operate a program that provides incentives for mine operators to control NPS pollution and restore beneficial uses at historic mine sites. Identification of NPS pollution from historic mine sites is accomplished through the DEQ Preliminary Assessment Program.


IDL, DEQ, IDWR, USFS, BLM

NRE-L4 Restore riparian functions affected by past hydrological modification through BMPs.


DEQ, IDFG, USFS, BLM, IDL, BOR, USACE, National Marine Fisheries Service, USFWS, IDWR

http://www.deq.idaho.gov/media/518552-preliminary_assessement_site_inspection_program_work_plan_2013.pdf



https://www.deq.idaho.gov/waste-mgmt-remediation/remediation-activities/preliminary-assessments.aspx


https://www.idl.idaho.gov/wp-content/uploads/sites/116/2020/01/bmp1992ttl.pdf

https://www.idl.idaho.gov/wp-content/uploads/sites/116/2020/01/bmp1992ttl.pdf




7

Goal No. Description Status and Milestones Lead Agency Key Entities NRE-L5 Participate in the permitting and licensing process for

diversions and dams. Ongoing, as needed. Landownership

dependent IDL, BLM, USFS, BOR, USACE, DEQ, IDWR, NMFS, USFWS, Federal Energy Regulatory Commission, EPA, IDFG, irrigation districts

NRE-L6 Develop and implement other initiatives to address channel modification and flow issues.

Ongoing, as needed. IDWR IDL, BLM, USFS, BOR, USACE, IDWR

Table A4. Timber/silviculture management goals. Goal No. Description Status and Milestones Lead Agency Key Entities

TSM-L1 Restore and maintain beneficial uses impacted by erosion and runoff caused by silvicultural practices, including the construction and maintenance of forest roads.

• Conduct inspections of forest practices on a frequency determined by the respective lead agency. If any unsatisfactory conditions are observed, they are documented and an issuance is given to the operator with a deadline to perform any needed remediation.

• All inspection data are summarized and published by each respective agency as they become available.

Landownership dependent

IDL, USFS, BLM

TSM-L2 Review, develop, refine, and implement BMPs in support of Forest Practices Act administrative rules.

• Conduct water quality audits of recently completed harvesting operations on federal, state, and private forestland every 4 years (2020, 2024).

DEQ IDL, USFS, DEQ, BLM

• Ongoing, as needed, review, develop, and refine BMPs. IDL

TSM-L3 Manage watershed activities in mixed ownership drainages.

Ongoing, as needed. • Endowment land foresters work with neighboring

forestland owners and coop-road co-owners to schedule and implement watershed improvement activities on state forestlands.

• IDL offers annual educational, BMP update sessions, both in the classroom and in the field. IDL works with the University of Idaho Extension and Associated Logging Contractors to offer targeted BMP educational sessions at Idaho’s annual logger-education (Logger Education to Advance Professionalism) sessions and at the annual Non-Industrial Private Forest landowner field day.

IDL IDL

http://www.deq.idaho.gov/water-quality/surface-water/monitoring-assessment.aspx

http://www.deq.idaho.gov/water-quality/surface-water/monitoring-assessment.aspx

http://www.uidaho.edu/extension

http://www.idahologgers.com/

http://www.idahologgers.com/

http://www.uidaho.edu/extension/forestry/content/leap

http://www.uidaho.edu/extension/forestry/content/leap


8

Table A5. Urban/suburban development goals. Goal No. Description Status and Milestones Lead Agency Key Entities

Short-Term Goals U-SS1 Abate occurrences of failed or illegal

subsurface sewage disposal systems resulting in sewage on the ground surface.

Ongoing, as needed. Health districts Health districts, DEQ

U-SS2 Maintain up-to-date lists of licensed septic tank installers and pumpers.

Ongoing, as needed. Health districts Health districts

U-SS3 Provide training to individual and subsurface sewage treatment system installers.

Annually. Health districts Health districts

U-SS4 Maintain and update the public health districts’ Subsurface Sewage Disposal System Standard Operating Procedures Manual.

Ongoing, as needed. The manual is updated by the health districts, with input from DEQ.

Health districts Health districts

U-SS5 Ensure proper operation of advanced aeration systems throughout the state to safeguard the ground water and environmentally sensitive areas where these on-site systems are installed.

Ongoing, as needed. DEQ Health districts, DEQ

Long-Term Goals U-SL1 Publish and maintain guidance documents

for subsurface sewage disposal (i.e., the Technical Guidance Manual for Individual and Subsurface Sewage Disposal Systems [TGM])

Ongoing, as needed. The Technical Guidance Committee meets each quarter; meeting minutes and updates to the TGM are published online.

DEQ DEQ, health districts

U-SL2 Monitor ground water quality. Ongoing, as needed: DEQ, IDWR, ISDA, health districts • Statewide ground water monitoring is coordinated by

IDWR. There are 1,500 total sites: 400 are monitored annually, and the remaining sites are sampled once every 5 years.

IDWR

• ISDA implements regional and local ground water monitoring for pesticides and other potential pollutants.

ISDA

• DEQ implements statewide monitoring, as needed, to address a variety of potential contaminants such as nutrients, arsenic, and volatile organic compounds.

DEQ

• Update the nitrate priority area plan on a 5-year cycle.

http://www.deq.idaho.gov/water-quality/wastewater/septic-systems/technical-guidance-manual.aspx




9

Goal No. Description Status and Milestones Lead Agency Key Entities U-SL3 Provide technical assistance to public water

systems or local units of government to develop wellhead and source water protection plans. New public water systems are required to complete a source water protection plan to demonstrate adequate technical, managerial, and financial capacity. Other systems and communities can voluntarily implement source water protection.

Ongoing, upon request. DEQ DEQ, health district, Idaho Rural Water Association

U-SL4 Manage the Storm water Program. Ongoing, as needed. • Periodically conduct erosion and sediment control

workshops

EPA EPA, DEQ, ITD, IDWR, health districts, cities, counties

• DEQ provides technical assistance and support for controlling storm water through its Idaho Catalog of Storm Water Best Management Practices.

DEQ

• ITD maintains the storm drain system that lies within the state highway right-of-way and incorporates erosion and sediment controls into its construction projects to keep pollutants out of storm water. It also maintains best management practices manuals.

• IDWR administers the Stream Channel Protection Program. Stream channel alteration permits are required in situations where construction activities may impact a stream below the mean high water mark, including construction of a storm water outfall along a river, stream, or lake.

ITD

U-SL5 Incorporate storm water BMPs into comprehensive plans and local ordinances.

Ongoing. Storm water plans and ordinances are routinely updated as BMPs are updated.

EPA EPA, cities, counties

U-SL6 Maintain and improve programs that address solid waste disposal, land-applied biosolids, and hazardous household wastes.

Ongoing, as needed. DEQ DEQ

http://irwa.sharepoint.com/Pages/default.aspx


10

Table A6. Transportation goals. Goal No. Description Status and Milestones Lead Agency Key Entities

Short-Term Goals T-S1 Minimize NPS pollution that may result from the design, construction,

and maintenance of roads within the agency’s jurisdiction. Construction and maintenance is guided by respective agency BMPs.


ITD, USFS, BLM, IDL, cities, counties, highway districts

T-S2 Implement effective BMPs at facilities and storage areas where vehicle and equipment maintenance occurs and materials are stored. BMPs are found in respective agency maintenance manuals.



Long-Term Goals T-L1 Increase collaborative efforts to manage NPS pollution from

transportation sources. Ongoing, as needed. Landownership

dependent ITD, USFS, BLM, IDL, cities, counties, highway districts

T-L2 Increase NPS pollution awareness efforts for road maintenance personnel.




Appendix B. Idaho Department of Environmental Quality Planning Documents

Specific goals for the Idaho Department of Environmental Quality (DEQ), and the Nonpoint Source (NPS) Management Program, are defined in the following:

DEQ’s strategic plan, updated annually, describes overall agency goals for current and •future years, including water quality.

The Water Quality Division’s Performance Partnership Agreement (PPA) between the •US Environmental Protection Agency (EPA) and Idaho, updated annually, defines specific goals for water quality, including surface water assessment and protection, watershed protection, wastewater permitting, ground water, National Pollutant Discharge Elimination System, drinking water and wastewater loan programs, and safe drinking water program.

EPA Nonpoint Source Grant Agreement with Idaho, updated annually. •

1 | DEQ Strategic Plan

IDAHO DEPARTMENT OF

ENVIRONMENTAL QUALITY

2021–2024

STRATEGIC PLAN


VISION FOR THE FUTURE

DIRECTOR’S MESSAGE I am pleased to present the Idaho Department of Environmental Quality’s (DEQ’s) strategic plan for fiscal years 2021–2024. Under forward-looking performance measures, goals, and objectives, DEQ gathers data, evaluates resources, and implements processes to increase our performance and show more effectively how we protect the environment and the health of Idaho’s citizens. In addition to accomplishing our objectives, we respond to fiscal, regulatory, and environmental realities through our core functions and services:

Manage air quality to ensure compliance with federal health-based standards.

Protect soil and water from hazardous, solid, and mining wastes, and petroleum contamination.

Manage, mitigate, and remediate contaminated areas.

Protect public health and the environment at and around the Idaho National Laboratory.

Maintain and improve surface and ground water quality.

Ensure delivery of safe and reliable drinking water from public water systems.

Prevent, prepare for, and respond to public health emergencies.

Encourage and empower Idaho citizens, businesses, and communities to be environmentally responsible.

In response to the COVID-19 crisis, DEQ provided guidance to regulated facilities that identified exemptions to certain requirements that could be granted upon request and documentation of a facility’s inability to meet those requirements because of constraints related to the pandemic while ensuring protection of human health and the environment.

DEQ also provided a COVID-19 response web page that provides valuable resources for addressing air quality, drinking water, wastewater, and waste management and remediation issues during this time. Our staff continues to process permit applications, review regulatory submittals, respond to complaints, and conduct the majority of our usual work.

As a result of the current economic situation, state agencies have been asked to reduce their general fund budget requests for fiscal year 2021 by 5%. For DEQ, this will be a reduction of $1.2 million. Potential reductions are being analyzed at this time.

MISSION

TO PROTECT HUMAN

HEALTH AND THE

QUALITY OF IDAHO’S

AIR, LAND, AND WATER.

VISION

AN IDAHO WHERE THE

QUALITY OF OUR

ENVIRONMENT

ENHANCES HEALTHY

LIVING AND SUPPORTS

THRIVING COMMUNITIES


The Idaho Pollutant Discharge Elimination System (IPDES) Program continues to issue municipal permits, and on July 1, 2019, we took on the individual industrial permit sector. In July 2020, we will begin issuing general permits (excluding storm water) for drinking water facilities, ground water remediation, pesticide applicators, small-scale suction dredging, concentrated animal feeding operations, and aquaculture facilities. IPDES compliance and enforcement actively monitors facilities across the state and works with facilities to ensure ongoing compliance with permits. DEQ provided eight virtual trainings in May and June 2020 for the general permittees using our E-Permitting system and other web applications for submitting notices of intent and compliance reports.

In 2016, EPA disapproved Idaho’s human health criteria of 10 micrograms per liter arsenic for both consumption of fish only and consumption of fish and water. By November 2023, EPA must finalize federal criteria for Idaho unless a criterion negotiated and adopted by Idaho is approved. While developing new criteria, DEQ is exploring updated arsenic toxicity information and bioaccumulation factors and collecting ambient water quality data to determine background concentrations in Idaho waters and the feasibility of achieving ambient water quality criteria derived for arsenic. The next negotiated rulemaking meeting is scheduled for November 5, 2020.

In safety, DEQ reduced the incident rate from 2.14 to 1.2. With only five reported injuries in 2019 versus 11 in 2018 and only one lost day, this represents a significant reduction in recordable accidents and far less than the Bureau of Labor Statistic’s average of 4.7 for agencies our size that perform similar work.

In January 2020, the Red Tape Reduction Act was replaced by Executive Order No. 2020-1, Zero-Based Regulation, requiring agencies to justify every regulation they want to keep. DEQ will review each rule chapter following a staggered 5-year schedule with about 20% of rule chapters reviewed annually. To date, the Air Quality Division removed some sections of IDAPA 58.01.01 and is determining the best process to review all air quality rules. The Water Quality Divisions are consolidating facility planning grant and revolving loan rule chapters. In May 2020, the Idaho Board

of Environmental Quality considered deleting the “Rules for Administration of Wastewater Treatment Facility Grants” (IDAPA 58.01.04) and “Rules for Administration of Drinking Water Loan Program” (IDAPA 58.01.20) and merging relevant sections. The Waste Management Division evaluated the “Solid Waste Management Rules” (IDAPA 58.01.06) for outdated and unnecessary language and in May 2020, the revised rule was presented to and adopted by the Board of Environmental Quality.

In 2021, we will continue to work toward fulfilling DEQ’s

core functions and use our financial resources efficiently and effectively. Over the next 4 years, we will challenge ourselves by implementing agency-wide performance measures, developing new objectives, tracking and reporting our progress, and showing our commitment to positively impacting the environment and Idaho’s citizens.

John Tippets, Director


YOUR DEQ PROTECTING HUMAN HEALTH AND THE

ENVIRONMENT

The Idaho Department of Environmental Quality (DEQ), established by the Idaho Environmental Protection and Health Act (Idaho Code §39-101 et seq.), protects human health and the environment. DEQ implements and enforces delegated federal programs under the Clean Air, Clean Water, Safe Drinking Water, and Resource Conservation and Recovery Acts, and state environmental laws and rules. This regulatory responsibility covers activities that ensure Idaho’s air, land, water, and citizens are protected from the adverse impacts of pollution.

Environmental monitoring assesses conditions and ensures health-based standards are met.

Permits are issued to facilities that manage wastes or release pollutants to limit the amounts to safe levels.

Inspections of pollution sources and responses to complaints ensure compliance with environmental regulations and standards.

Remediation removes or neutralizes contaminants in soil, ground water, and surface waters. Compliance is voluntary or enforcement action may be taken.

Oversight includes cleanup, pollution reduction, and drinking water and wastewater infrastructure improvements.

Outreach and education facilitates compliance with environmental requirements.

To accomplish our

environmental and

human health

protection mission,

DEQ works

collaboratively with

federal and state

agencies; the Board

of Environmental

Quality; city, county,

and tribal

governments;

businesses;

community

organizations; and

Idaho’s citizens.


AGENCY PERFORMANCE—ACCOUNTABILITY AND COMMITMENT Our strategic plan establishes performance commitments and assesses progress toward achieving agency goals as required by Idaho Code §67-1903.

Our goals describe the broad environmental human health conditions the agency tries to achieve and how we want to serve Idaho’s citizens.

Our objectives are the incremental steps taken to achieve each goal.

Our performance measures tell us how we know we are making progress.

This plan provides Idaho’s legislature with planning and performance commitments and accounts for the statutory authority granted to the agency and its appropriated annual budget.

Using specific performance measures, goals, and objectives, we successfully completed several objectives this year. The Air Quality Division increased woodstove outreach across the state using targeted messaging for each region. The Surface Water and Wastewater Division engaged the Basin Advisory Group in supporting prioritization based on pollutant load reduction in a format where they can recommend smaller projects. The Waste Management and Remediation Division focused on updating and creating outreach materials to increase awareness and use of DEQ’s cleanup and remediation programs. Agency-wide, we are developing a new website with a launch date set in 2020, developed an inventory of data and performance measures we are tracking, and are training our staff in lean practices. In the coming year, DEQ will continue to make action-based progress with updated performance measures and objectives.

DEQ’s FY2021 performance commitments

Benchmark Performance Measure FY 2021 Target

Reduce number of unhealthy days based on the Air Quality Index throughout the state.

0 days

Increase the percentage of assessed rivers and streams supporting beneficial uses.

35%

Reduce the number of known contaminated sites. 211 sites (10% reduction from current 234 sites)

Increase the percentage of complete permit applications and engineering submittal packages on initial submittal.

82%

Increase the compliance rate of inspected facilities. 82%

Increase the percentage of permits issued before deadline. 81%

Conduct 50 lean improvement projects per year 100%


AGENCY SUPPORT—STATEWIDE

DEQ is headquartered in Boise and has five divisions, six regional offices, and a satellite office focused on developing and administering programs and policies.

Governor

Brad Little

Attorney General’s Office, DEQ Lisa Carlson

(208) 373-0455

Air Quality Division

Administrator Tiffany Floyd

(208) 373-0552

Deputy Director

Jess Byrne (208) 373-0114

State Board of

Environmental Quality

Director

John Tippets (208) 373-0240

Technical Services Division

Administrator Mark Dietrich

(208) 373-0204

Waste Management & Remediation Division

Administrator Michael McCurdy (208) 373-0188

Surface Water &

Wastewater Division

Administrator Mary Anne Nelson

(208) 373-0291

INL Oversight Coordinator Mark Clough

(208) 373-0528

Boise Regional Office

Administrator Aaron Scheff

(208) 373-0550

Coeur d’Alene Regional Office

Administrator Dan McCracken (208) 769-1422

Idaho Falls Regional Office

Administrator Erick Neher

(208) 528-2650

Lewiston Regional Office

Administrator John Cardwell

(208) 799-4370

Pocatello Regional

Office

Administrator Bruce Olenick

(208) 236-6160

Twin Falls Regional

Office

Administrator Sue Switzer

(208) 736-2190

Human Resources

Officer

Sharon Haylett (208) 373-0195

Financial

Officer Matt Orem

(208) 373-0292

Drinking Water

Protection & Finance

Division

Administrator

Jerri Henry

(208) 373-0471


REGIONAL OFFICES

DEQ’s day-to-day, on-the-ground services are provided locally by six regional offices and a satellite office in Kellogg that implement state-wide programs and policies. Each region faces unique challenges specific to its geographic area.


GOALS, OBJECTIVES, PERFORMANCE MEASURES

Goal 1—Make Recognizable and Measurable Environmental

Improvements

Objectives—Air quality

1.1 By January 2021, submit the PM Advance Program Path Forward for St. Maries to EPA. 1.2 By September 2020, complete 30 woodstove replacements for Salmon with a focus on low-

income residences (9 complete). 1.3 Use targeted outreach efforts identified in the communications plan to increase awareness

and the rate of changeout for old, noncertified woodstoves statewide. 1.4 By March 2023, implement a statewide smoke management program, consisting of

prescribed burning, wildfire, and crop residue burning.

Performance Measure

Reduce number of unhealthy days based on the Air Quality Index throughout the state. Benchmark—0 days

This performance measure is determined by any single air monitor reaching unhealthy (red) air quality levels statewide at any time during the year. If multiple air monitors reach unhealthy air quality levels on the same day, it is still counted as 1 day.

Air Quality—DEQ’s planning program works to reduce particulate matter 2.5 emissions from various sources, such as woodstove use and burning slash piles from logging operations.

Above—Improving management of smoke from burning slash piles will help improve air quality and maintain state and federal standards. Left—Outreach efforts to increase woodstove burning awareness.


Objectives—Water quality

1.5 By June 2021, regionally prioritize impaired waters to focus state and federal resources based on cost per pound pollutant removed or the greatest decrease in pollutants impacting the impairment.

1.6 By June 2021, update and implement the water quality trading guidance.

Performance Measure

Increase the percentage of assessed rivers and streams supporting beneficial uses. Benchmark—35%

Derived from DEQ’s 2016 Integrated Report, this performance measure includes river miles from assessed rivers and streams that support beneficial uses.

Objectives—Waste management and remediation

1.7 By July 2021, increase site owners’ and operators’ use of DEQ’s cleanup and remediation programs by implementing informational outreach efforts.

Performance Measure

Reduce the number of known contaminated sites. Benchmark—211 sites (July 2019 through June 2020) achieved >10% reduction; 234 open contaminated sites; 2,893 total known contaminated sites; added 123 sites to inventory; and closed 126 sites. As of June 2020, there have been more site closures than new sites added to the inventory.

This performance measure includes leaking underground storage tanks (USTs) and general remediation sites. Contaminated site closure is complete when contaminant concentrations meet acceptable risk-based or other approved criteria through assessment or remediation activities. This performance measure excludes sites under the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund), including mega sites, such as the Idaho National Laboratory and Bunker Hill, Department of Defense cleanup sites, hazardous waste sites, and solid waste facilities.

BMP Program—DEQ’s agricultural best management practices program is designed to help landowners implement agricultural BMPs in high-priority watersheds throughout the state and help meet total maximum daily loads objectives. This year, the Idaho Legislature appropriated $279,000 to support water quality improvement projects.


Goal 2—Provide First-Class Customer Service As A Trusted Source For

Environmental Leadership

Objectives—Permit applications and plans and specifications complete

2.1 By December 2020, provide assistance to the regulated community on how to submit an approvable engineering study and plans and specification documents to DEQ.

2.2 By December 2020, meet with Information Technology Services (ITS) to explore the possibility of an electronic permit application submittal software.

2.3 By June 2020, reorganize permit application materials on the website so they are readily accessible and user friendly.

Performance Measure

Increase the percentage of complete permit applications and facility plan and specification submittal packages on initial submittal. Benchmark—82%

This performance measure is based on wastewater reuse applications, IPDES applications, drinking water and wastewater plan and specification submittals, air quality permit applications, and hazardous waste permit applications.

Objectives—Compliance of inspected facilities

2.4 Assess compliance assistance during permit handoff meetings. 2.5 Implement one technical assistance workshop in two regions per year to deliver informational

material on application submittals, rules, and regulations. 2.6 By October 2022, increase the

number of community water systems that are in compliance by 25%.

Performance Measure

Increase the compliance rate of inspected facilities. Benchmark—82%

This performance measure is based on 5-year averages across programs. Each program measures compliance differently. Annual updates will be made to the benchmark.

Pollution Prevention Champion—Clif Bar upgraded one-third of its printers to laser printers, reducing the emission of volatile organic compounds by several hundred pounds annually. Their purchase of 29 high-efficiency vehicles for company employees helps to avoid greenhouse gas emissions, particulates, and other emissions that contribute to degraded air quality.


Goal 3—Foster a Culture of Continuous Improvement

Objectives—Permits issued before deadline

3.1 By January 2021, use the Permit Information Tracking System (PITS) as the DEQ permit tracking tool on a department-wide basis.

3.2 By June 2020, launch DEQ’s website. 3.3 By December 2023, deploy an enterprise-wide platform to consolidate software applications that

currently use individual applications with unique, outdated, or unsecure computer languages.

Performance Measure

Increase the percentage of permits issued before deadline. Benchmark—81%

This performance measure includes air quality permits to construct, water quality reuse and IPDES permits, and hazardous waste permits. The IPDES Program inherited a permit backlog that will require 1-to-2 permit cycles (5–10 years) to meet the national goal of 90% current permits.

Objectives—Lean improvement projects

3.4 September 2020, generate root cause analysis for pursuing project improvements. 3.5 By December 2020, using lean practices, streamline data and performance measure tracking efforts

to optimize resources. 3.6 By January 2021, identify a pilot program for a visual management tool that links data and people. 3.7 By December 2020, train 80% of DEQ staff to the lean practitioner level. 3.8 By March 2021, compile a summary of our existing internal and external, formal and informal

feedback loops for review in the 2022 strategic planning update process.

Performance Measure

Conduct 50 lean improvement projects per year. Benchmark—100%

Continuous improvement is a long-term approach to systematically target and incrementally change processes to improve efficiency and quality within the agency. Using the kaizen philosophy and a lean process focus, DEQ will continue to examine our processes in detail and determine output improvements. All staff are encouraged to suggest and implement changes that create continuous improvement within the regions and across the agency.

DEQ Emergency Response—Coeur d’Alene Regional Office staff responded to the BNSF Railway derailment along the Kootenai River in coordination with BNSF Railway, their contractors, county officials, and EPA. Release of contaminants to the river was quickly assessed and mitigated to protect public health and the environment.


EMERGING ISSUES AND OPPORTUNITIES On a 4-year horizon, issues may arise that are short-term or may lead to a shift in the agency’s focus and priorities. By anticipating future challenges, DEQ will be better positioned to adjust if needed, while continuing to support our core functions and services. Emerging issues and opportunities are identified below.

Volkswagen settlement Volkswagen agreed to settle the 2016 lawsuit alleging it manufactured diesel cars sold and operated in the United States beginning in 2009 with systems intended to defeat emissions tests, which resulted in vehicles emitting nitrogen oxide (NOx) at levels up to 40 times the amount allowed under the Clean Air Act. Settlements were reached for 2.0- and 3.0-liter diesel vehicles. Under the settlements, Volkswagen must fund a $2.92 billion Environmental Mitigation Trust used to offset the air pollution emitted by vehicles violating the Clean Air Act. Named a designated beneficiary in January 2018, the State of Idaho can potentially receive $17.3 million from this trust. As required by the trust, Idaho developed a Beneficiary Mitigation Plan summarizing how the state allocation of mitigation funds will be distributed among eligible mitigation projects to reduce NOx emissions. The mitigation plan was submitted to the trust in May 2018 and included proposed projects for vehicle replacement and electric vehicle charging stations.

For the 2019 Vehicle Replacement Program (VRP), the project application period closed January 2019. Agreements between DEQ and project applicants identified $8.1 million in vehicle replacement projects to be completed over a 3-year period. Currently, DEQ has coordinated roughly $1.7 million in VRP rebate payments.

The 2020 VRP application period was announced January 29, 2020, with a 60-day application period. Due to COVID-19 related concerns about application submission, the application period was extended twice and

closed on June 1, 2020. DEQ received 29 VRP applications with $8.3 million in proposed rebate requests toward the replacement of 95 heavy duty diesel vehicles.

In addition, the Governor’s Office of Energy and Mineral Resources, Electric Vehicle Supply Equipment Program project application period remains open until funding for the program is executed. Projects will be evaluated on criteria outlined in the mitigation plan to reduce excess NOx emissions caused by violating vehicles. Three projects have been awarded, totaling just

Bonner County School District and a logging company in Sandpoint, Idaho, participated in the 2019 Vehicle Replacement Program to replace old, air polluting vehicles.


under $300,000, and four additional applications are under review.

Prescribed fire Prescribed fire has long been used as a forest management tool in Idaho, and its use is expected to increase as land managers respond to large wildfires becoming more frequent in the western United States. If not managed properly, smoke from prescribed burning may endanger human health. DEQ’s prescribed burning rules have two goals: protect public health and provide flexibility to land managers who use prescribed fire as a management tool. Through the negotiated rulemaking process, DEQ is engaging stakeholders to update the agency’s prescribed burning rules and address the increase in prescribed fire use while still protecting public health.

Aerosols as universal waste

On December 9, 2019, EPA published a new rule adding aerosol cans to the universal waste program, a set of streamlined regulations for hazardous wastes generated ubiquitously across industry sectors. Currently, many aerosols are hazardous waste and account for almost 40% of retail items managed as hazardous waste.

The addition of aerosols to the universal waste program reduces regulatory burden for businesses that generate them while promoting recycling of aerosol can steel or aluminum. The rule allows aerosols to be managed under the streamlined set of storage, labeling, and accumulation limit requirements and reduces tracking and disposal costs. The rule also encourages municipalities and commercial companies to initiate programs to reduce the quantity of aerosol can waste going to municipal solid waste landfills.

The rule will be included in DEQ’s state fiscal year 2021 proposed rulemaking as part of the annual incorporation by reference to ensure state rules remain consistent with federal regulations. In Idaho, the rule will become effective in spring 2021. DEQ will educate Idaho’s businesses about the new rule and encourage proper management of aerosol cans.

Bunker Hill Superfund site—

Central Treatment Plant In 2021, DEQ will assume responsibility for operating the newly upgraded Central Treatment Plant at the Bunker Hill Superfund Site in Kellogg, Idaho. The plant will remove metals in mine water discharge from the Bunker Hill Mine and contaminated ground water from beneath the historic Bunker Hill central tailings impoundment. The new system will treat up to 5,000 gallons per minute of contaminated water. The completed treatment plant and ground water collection system is expected to capture nearly 30% of the total dissolved zinc load in the Upper Basin and to provide significant water quality improvement in the South Fork Coeur d’Alene River.

Bunker Hill Central Treatment Plant—Construction work at the treatment plant in Kellogg is targeted for completion in 2020. The facility will treat mine water and ground water to remove metals such as lead, zinc, and cadmium and will provide significant improvement to water quality in the South Fork Coeur d’Alene River.


DEQ has been working with EPA and the Army Corps of Engineers and their contractors during construction of the project. The federal contractors will continue to operate the system for 1 year after construction is completed to demonstrate successful operations and to provide training and transition to DEQ staff and contractors who will eventually operate the plant. Funding for future plant operations was provided via EPA settlement dollars with Hecla. The Bunker Hill Water Treatment Endowment was established in 2014 with a deposit of $52.3 million. These settlement funds are managed by the Idaho Endowment Fund Investment Board. Annual operations are expected to cost up to $2 million per year. During 2021–2024, DEQ will procure contractors to support operations of the new system, continue to develop staff expertise to oversee the plant, and work to optimize the operations of new system. The operations data from the first years of running the new system will be used to evaluate future contracting alternatives to make the most efficient use of resources to ensure sustainability of the operations funding.

Solid waste management

Nonhazardous solid waste

impoundments A nonhazardous solid waste impoundment (NSWI) facility receives pumpable waste where: (1) the waste does not pass the paint filter test before placement in an impoundment, and (2) operations are not otherwise regulated under a discharge or land application permit. NSWIs may stand-alone, or be co-located at an approved landfill or other solid waste facility. Facilities engaged in food processing or other manufacturing or industrial activities that manage their liquid waste streams on site are not managing pumpable wastes as that term is defined, and are generally not regulated as NSWIs. These facilities are often regulated under a discharge permit or wastewater reuse permit (e.g., land application permit) and are excluded from regulation by DEQ’s Solid Waste Program.

Infectious substances The need for disposal of untreated materials contaminated with infectious or potentially infectious substances is on the rise. Instances of potential or actual mad cow disease, avian influenza, chronic wasting disease, and COVID-19 have all occurred in recent years. DEQ works with landfills and other government agencies to ensure facilities have waste acceptance plans using the latest available information, facility employees are properly trained, and worker safety and the environment are protected.

Per- and polyfluoroalkyl

substances Per- and polyfluoroalkyl substances (PFAS) are a group of more than 4,000 manmade chemicals found in common products such as cookware, carpets, food packaging, cosmetics, and products treated with repellants. PFAS are detected in all types of waters throughout the world from sources such as processing facilities, wastewater land application sites, unlined landfills, and fire training sites that use firefighting foam. PFAS chemicals are persistent in the environment and can travel long distances through soil and ground water.

PFAS are also persistent in the human body and accumulate over time. Due to widespread use, concentrations of PFAS are found in the blood of the general population. While public health implications are not fully understood, certain PFAS constituents may increase the risk of cancer, impact the immune system, alter hormone function, decrease fertility, and affect infant and child development.

DEQ has convened a workgroup in collaboration with the Bureau of Community and Environmental Health within the Public Health Division of the Idaho Department of Health and Welfare to coordinate on PFAS issues in Idaho. The group will develop a plan for determining impacts of PFAS chemicals in Idaho, determine how to address the environmental and human health impacts of PFAS chemicals, and develop


risk communication methods and outreach materials.

Underground storage tank

program In 2019, legislation proposed by the Idaho Petroleum Marketers and Convenience Store Association that delayed certain testing and inspection deadlines for UST owners and operators to October 13, 2021, was passed. The UST Program completed outreach with owners, operators, and service providers to inform them of the new compliance date.

Harmful algal blooms Warmer temperatures and increased levels of nutrients lead naturally occurring cyanobacteria populations to rapidly increase and bloom in water bodies throughout the state. Cyanobacteria produce and use compounds during their life cycle that are harmful or toxic to vertebrates. Blooms that produce toxins present a health risk to humans, pets, and livestock.

Scientific research into cyanobacteria and the toxins they produce (cyanotoxins) is expanding. Because cyanobacteria are a public health issue, across the country most local, state, and federal agencies are developing investigation and monitoring programs. Funding for investigation, monitoring, and public education and outreach programs is critically important to provide the information people need to recognize a potential bloom and minimize their risk when recreating in our lakes and rivers.

DEQ works with the public as well as health and natural resource agencies to investigate potential blooms and determine whether toxins are present in concentrations that pose a risk to recreators or drinking water sources. We coordinate with local health districts and water body managers to warn the public of any potential health risks and identify locations with blooms through the “Recreational Water Quality Health Advisory” website and social media outlets.

Voluntary cleanup program

opportunity Property redevelopment, reuse, and revitalization may be complicated if the environmental status is uncertain. Environmental agencies in several states, including Idaho, have successful voluntary cleanup programs to assist landowners. DEQ's Voluntary Cleanup Program (VCP) was created in 1996 by the Idaho Land Remediation Act (Idaho Code §39-72) to encourage innovation and cooperation between the state, local communities, and private parties to revitalize properties with hazardous substance or petroleum contamination. The Idaho Land Remediation Rules (IDAPA 58.01.18), adopted in 1997, detail implementation procedures for the program. Any legal entity recognized by law is eligible to apply to participate in the program, including individuals; associations; local, state, and federal governments; and public or private corporations. Benefits of participating in the VCP include the following:

Expedited remediation process

Avoid adversarial enforcement actions

Seven-year partial property tax exemption upon completing cleanup

Covenant not to sue from DEQ

Use of site-specific risk-based cleanup standards

Inclusion of activity and use limitations and environmental covenants in cleanup plans

Lender liability protection

Participating in the VCP and conducting additional assessment activities, under the oversight of DEQ, will assist the landowner with determining whether any remedial action is needed. Landowners considering or working on a project where environmental concerns potentially complicate the transfer, reuse, and revitalization of a property can contact DEQ to discuss project eligibility, the VCP process, and the benefits of participating in the VCP.

https://legislature.idaho.gov/statutesrules/idstat/Title39/T39CH72/

https://adminrules.idaho.gov/rules/current/58/580118.pdf

https://adminrules.idaho.gov/rules/current/58/580118.pdf


State Revolving Fund

Assistance DEQ issued its largest Drinking Water State Revolving Fund loan in the program's history to the City of Lewiston for $43,000,000. DEQ also issued emergency funds to two small communities to make repairs to their system to remove unforeseen risks to public health. In addition, EPA issued two awards to DEQ for our innovative funding and focus on sustainability and public health protection. The first award was the use of the Clean Water State Revolving Fund to assist the Boise School District with a forgivable loan to replace 1,597 old lead faucets in 20 schools with lead-free water-efficient fixtures. This project helped reduce lead exposure in drinking water for students and saved an estimated 1.7 million gallons of water per year. The second award

was for the Drinking Water State Revolving Fund Lead Abatement Program, which has funded nearly $1.5 million since 2017 to replace piping and fixtures for several communities

throughout Idaho.

CYBERSECURITY

Adoption of NIST Cybersecurity Framework and Implementation of CIS Critical Security Controls 1–5—As a technology customer of the Office of Information Technology Services (ITS) in the Governor’s Office, we are using the cybersecurity systems and technical expertise in ITS to fulfill requirements related to Executive Order 2017-02. Staff from ITS were briefed on the NIST Core Framework, CIS Controls 1-5, and their plan for adoption of the NIST Cybersecurity Framework. We participate in DHR and ITS administered cybersecurity training, as awareness is a critical component of an effective cybersecurity program. As briefed by ITS staff, implementation of the CIS Controls 1-5 will be their responsibility for the systems they operate and, as technological tools applied to the computer systems, largely invisible to us as a customer. ITS, working through the multiagency Incident Response Task Force, has developed an Incident Response Program in support of our agency.

RED TAPE REDUCTION ACT AND ZERO-BASED REGULATION The 2019 Red Tape Reduction Act (Executive Order 2019-02) required state agencies to review their administrative rules to identify costly, ineffective, duplicative, or outdated regulations. In January 2020, Governor Little repealed Executive Order 2019-02 and issued Executive Order No. 2020-1, Zero-Based Regulation, requiring agencies to justify every regulation they want to keep. Moving forward, every rule chapter in effect will be reviewed by DEQ, according to a staggered, 5-year schedule. About 20% of rule chapters will be reviewed annually.

To reduce the number of chapters, words, and restrictive terms from our administrative rules in accordance with these executive orders, DEQ accomplished the following:

City of Lewiston Water System Improvement Project—Construction near the northeast corner of the New Storage Reservoir Project area (WS-1).


The Air Quality Division removed some sections of code: IDAPA 58.01.01.590–591, 845–848, and 855–859 (Docket 58-0101-1903). The division is currently determining the best process to review all air quality rules, such as combining similar sets of rules in the same docket, prioritizing rules to review, scheduling staff based on availability and complexity of the rulemaking, and comparing Idaho’s rules to those of other states.

The Water Quality Divisions determined two facility planning grant chapters and two revolving loan rule chapters could be consolidated to two chapters. In May 2020, the Idaho Board of Environmental Quality will consider deleting the “Rules for Administration of Wastewater Treatment Facility Grants” (IDAPA 58.01.04) (Docket 58-0104-1901) and the “Rules for Administration of Drinking Water Loan Program” (IDAPA 58.01.20) (Docket 58-0120-1901), and merging relevant sections.

The Waste Management Division evaluated the “Solid Waste Management Rules” (IDAPA 58.01.06) (Docket 58-0106-1901) for outdated, duplicative, and unnecessary language and held a negotiated rulemaking meeting on August 29, 2019. In May 2020, the revised rule was presented to and adopted by the Board of Environmental Quality. Revisions to the rule resulted in removal of 1,547 words, including 44 restrictive words, and decreased the rule length by 4 pages. The division is also working on the “Rules for Ore Processing by Cyanidation” (Docket 58-0113-1901) in response to a request by the Idaho Mining Association to improve these rules, holding negotiated rulemaking meetings in 2019 and 2020. Both dockets will be introduced in the 2021 legislative session. Negotiated rulemaking for the “Rules for the Design and Construction of Phosphogypsum Stacks” (Docket 58-0119-2001) was initiated during fiscal year 2020 in response to House Bill 367, which was signed by the governor on March 9, 2020. This docket may be introduced in the 2022 legislative session.

CONCLUSION DEQ reports performance accountability to the state legislature through benchmark performance measures. This year staff worked across state and regional offices to successfully reach many of our new objectives, further develop existing objectives, an create new objectives that bring us closer to achieving meaningful performance measures. Our commitment to protecting public health and Idaho’s environment is reaffirmed through the work we do, our partnerships, and the communities we work with. Our agency-wide benchmark performance measures reflect tangible, achievable public health and environmental outcomes for Idaho and drive us to continue to improve and serve as a trusted resource for Idahoans.


Your DEQ—PROTECT, ENHANCE, SUPPORT

While the core of DEQ’s work is defined by our air quality, water quality, and waste and remediation management divisions, that work is sustained by support staff in the following areas:

INL Oversight—Independently evaluates the effectiveness of the Idaho National Laboratory’s public health protection programs.

Technical Services—Provides peer-reviewed scientific and engineering support to DEQ’s air, water, and waste divisions and six regional offices.

Pollution Prevention—Empowers businesses and citizens to engage in behaviors that protect public health and preserve Idaho’s environment.

Communications and Outreach—Raises awareness and understanding of health and environmental issues through social media and clear, concise documentation.

Financial—Manages DEQ’s budget and expenditures and facilitates grant applications and funds.

Human Resources—Plans, develops, and implements a comprehensive human resource program for DEQ including recruitment, compensation, benefits, training, performance management, and employee relations.

Facilities—Oversees buildings and communications systems and maintains vehicle fleet.

IDAHO DEPARTMENT OF

ENVIRONMENTAL QUALITY 1410 N. Hilton St.

Boise, ID 83706

www.deq.idaho.gov

DEQ/EPA Water PPA—CY 2019

iii

Table of Contents

Introduction ..................................................................................................................................... 1 Strategic Priorities ....................................................................................................................... 1

DEQ’s Strategic Priorities ....................................................................................................... 3 EPA’s Strategic Priorities ........................................................................................................ 3

General Water Quality Agreements ................................................................................................ 4 Information and Document Sharing Expectations ...................................................................... 4 Training and Technical Assistance ............................................................................................. 4 Joint Evaluation of Performance ................................................................................................. 4 Roles and Responsibilities .......................................................................................................... 4 Terms and Conditions ................................................................................................................. 4 Outcomes ..................................................................................................................................... 5

Component 1. Surface Water Assessment and Protection Programs ............................................. 6 Program Goal .............................................................................................................................. 6 Program Activities ....................................................................................................................... 6 Program Contacts ........................................................................................................................ 6 Program Commitments ............................................................................................................... 6

Priorities ................................................................................................................................... 6 Outcome ................................................................................................................................... 7

Total Maximum Daily Loads ...................................................................................................... 7 Monitoring and Assessment .................................................................................................... 9

Water Quality Standards ........................................................................................................... 10 Component 2. Watershed Protection Program .............................................................................. 13 Component 3. Wastewater Program ............................................................................................. 15

Program Goal ............................................................................................................................ 15 Program Activities ..................................................................................................................... 15 Program Contacts ...................................................................................................................... 15 Program Commitments ............................................................................................................. 15

Priorities ................................................................................................................................. 15 Outcome ................................................................................................................................. 15

Component 4. Ground Water Program ......................................................................................... 21 Program Goal ............................................................................................................................ 21 Program Activities ..................................................................................................................... 21 Program Contacts ...................................................................................................................... 21 Program Commitments ............................................................................................................. 21

Priorities ................................................................................................................................. 21


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Outcomes ............................................................................................................................... 22 Program Indicators ................................................................................................................. 22

Component 5. NPDES Program ................................................................................................... 31 Program Goal ............................................................................................................................ 31 Program Activities ..................................................................................................................... 31 Program Contacts ...................................................................................................................... 31 Program Commitments ............................................................................................................. 32

Priorities ................................................................................................................................. 32 Outcomes ............................................................................................................................... 38 Funding .................................................................................................................................. 39

Component 6. Drinking Water and Wastewater Loan Programs ................................................. 40 Program Goal ............................................................................................................................ 40 Program Activities ..................................................................................................................... 40 Program Contacts ...................................................................................................................... 40 Program Commitments ............................................................................................................. 40

Priorities ................................................................................................................................. 40 Component 7. Safe Drinking Water Program ............................................................................... 44

Program Goal ............................................................................................................................ 44 Objectives .................................................................................................................................. 44 Program Contacts ...................................................................................................................... 44 Outcomes, Targets, and Activities ............................................................................................ 44 Program Commitments ............................................................................................................. 45


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Introduction The United States Environmental Protection Agency (EPA) and states share responsibility for environmental protection. This Performance Partnership Agreement (PPA) describes how the Idaho Department of Environmental Quality (DEQ) Water Quality Division and EPA Region 10 will work together to protect Idaho’s water quality.

The goal of a PPA is to bring more flexibility, accountability, and innovation into the state and federal relationship. In particular, these agreements are intended to increase environmental protection by focusing on overall environmental goals and results of government programs. In the PPA process, DEQ and EPA discuss environmental conditions and program needs, agree on priorities, develop approaches to address priorities, determine roles and responsibilities, and choose program measures.

This agreement details how DEQ and EPA will work together to accomplish common water quality goals. The two agencies will continue to focus on integrating key program areas that form the foundation of Idaho’s Water Quality Program. DEQ is the lead agency for the following core programs: safe drinking water, ground water, water quality standards, water quality monitoring and assessment, water body and watershed restoration, wastewater and drinking water infrastructure, and National Pollutant Discharge Elimination System (NPDES) permits and compliance. DEQ is the lead for municipal Idaho Pollutant Discharge Elimination System (IPDES) activities, and EPA is the lead for other NPDES activities. This year DEQ will continue the process of seeking NPDES delegation and implement the IPDES Program. Each Water Quality Program component identifies the expected environmental results as well as the DEQ and EPA work commitments to be completed during calendar year (CY) 2019.

To present a comprehensive overview of DEQ’s efforts to protect water quality, this PPA describes additional DEQ Water Quality Division activities funded by other federal and nonfederal funds. In CY 2019, federal grant work plans will continue to focus on optimizing the use of DEQ Water Quality Division staff to perform more critical water quality work in-house.

Strategic Priorities EPA and DEQ were guided in these PPA negotiations by their respective strategic plans and priorities. DEQ and EPA strategic plans are available for review on each agency’s website. These strategic plans are broad based and address more than just water quality strategies and priorities. Figure 1 illustrates DEQ’s and EPA’s planning processes for the PPA, including strategic priorities. The PPA offers an opportunity to identify common ground among these priorities and for the agencies to identify opportunities to work collaboratively on some priorities. The following sections describe each agency’s strategic priorities, which establish the framework for developing this PPA. Specifically, this PPA incorporates EPA’s priorities and targets that correspond to DEQ’s priorities and objectives.


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Figure 1. DEQ and EPA planning processes for the Performance Partnership Agreement.

DEQ Strategic Plan

Four-year plan issued annually in July to outline priority environmental issues in Idaho and efforts planned by DEQ to address these issues.

DEQ Annual Performance Report

Summarizes DEQ’s accomplishments for the previous year, highlights developing issues, and outlines plans for the upcoming year.

EPA National Strategic Plan

Overarching framework for EPA’s major planning, budgeting, and priority setting. Five-year plan guides annual goals.

EPA National Water Program Guidance

Links annual water program plan to five-year strategic plan. Establishes annual performance activity measures. Based on federal fiscal year (October through September).

EPA Region 10 Plan

Developed at the regional level linking regional activities to agency objectives; basis for negotiating annual performance commitments with headquarters.

Performance Partnership Agreement

Reflects joint planning and priority-setting efforts between DEQ and EPA. PPA process discusses environmental conditions and program needs, establishes priorities, develops approaches to address priorities, determines roles and responsibilities, and agrees on program measurements.

DEQ Performance Measures and Budget

Links annual program performance measures and budget to strategic plan priorities. Typically occurs in April, after the legislative session. Based on state fiscal year (July through June).


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DEQ’s Strategic Priorities

DEQ adopted a 2019–2022 strategic plan, available at deq.idaho.gov/media/60181751/strategic-plan-2019-2022.pdf. DEQ’s mission is to protect human health and the quality of Idaho’s air, land, and water. DEQ uses environmental outcomes as one method to evaluate the effectiveness of its programs. The Water Quality Division’s objectives include the following:

• Maintain and improve surface and ground water quality • Monitor and assess water quality conditions to determine compliance with standards and

support of beneficial uses. • Implement pollution reduction actions needed to meet water quality standards and

support beneficial uses. The associated benchmark performance measure is to increase the percentage of assessed rivers and streams supporting beneficial uses.

• Develop the IPDES Program. • Ensure delivery of safe and reliable drinking water from public water systems. • Provide financial assistance to public water systems for facility improvements and source

water protection.

EPA’s Strategic Priorities

The EPA National Water Program Guidance provides overarching national goals, priorities, and performance measures aimed at making significant progress toward protecting human health and improving water quality. This national program guidance is augmented by the National Program Manager Guidance for enforcement activities in all media. Both documents are available at www2.epa.gov/planandbudget.

EPA’s fiscal year 2018–2022 strategic plan captures national goals and describes priorities, strategies, and expectations: https://www.epa.gov/planandbudget/strategicplan. For water programs, the updated strategic plan states objectives to ensure waters are clean through improved water infrastructure and, in partnership with states and tribes, to sustainably manage programs in support of drinking water, aquatic ecosystems, and recreational, economic, and subsistence activities. EPA Region 10 strives to integrate state and regional priorities with EPA’s national strategic planning objectives.

EPA Region 10 identifies the following priorities specific to Idaho water quality for 2019: • Work with DEQ to facilitate the continued, smooth transition of the NPDES program to

Idaho. Collaborate to support IPDES rule and guidance development. Assist in building Idaho’s capacity for IPDES implementation through training and collaborative work in permits and inspection efforts. Issue final NPDES permits and work with DEQ to receive final §401 certifications before these sectors transfer to the IPDES Program.

• Coordinate with DEQ on water quality standards litigation, rulemakings, and backlog. • Work with DEQ to meet the national health-based measure and address any

implementation challenges with drinking water standards, particularly the Lead and Copper Rule.

http://www.deq.idaho.gov/media/60181751/strategic-plan-2019-2022.pdf

http://www.deq.idaho.gov/media/60181751/strategic-plan-2019-2022.pdf

http://www2.epa.gov/planandbudget

https://www.epa.gov/planandbudget/strategicplan


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General Water Quality Agreements

Information and Document Sharing Expectations DEQ will submit annual reports to EPA that provide data on the measures indicated in the PPA, unless this information is provided in grant reports. DEQ and EPA will inform each other regarding correspondence about grants, agreements, or products or services rendered from other local, state, and federal agencies or private entities that concern activities covered under this agreement.

Training and Technical Assistance Each agency, within its resource limitations, will provide training and technical assistance to the other agency upon request.

Joint Evaluation of Performance Unless stipulated otherwise in the PPA or individual grant conditions, DEQ and EPA will perform semiannual reviews for all PPA commitments. These reviews are planned for midyear in May 2019 and near the conclusion of the annual PPA. This joint evaluation of performance will discuss program accomplishments as measured against work plan commitments, existing and potential problem areas, and suggestions for improvement. As a result of these performance evaluations, DEQ and EPA will collaborate on preparing brief progress reports covering their respective commitments in the PPA.

Roles and Responsibilities Roles and responsibilities for EPA and DEQ are specified in the Program Commitment sections of this PPA.

Terms and Conditions DEQ and EPA will follow all terms and conditions outlined in the operating agreements, yearly grant agreements, and federal and state statutes and regulations. To quantify effort, 2,080 person hours is one full-time equivalent (FTE), also known as one work year. As required by 40 CFR 35, the following federal sources of funding have been identified in this PPA:


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• Surface Water §106 Reuse permit program; NPDES inspections/capacity development/certifications; wastewater plans/specifications; monitoring initiatives

• Ground Water §106 Ground Water Program-related activities

• Nonpoint Source (NPS) §319 Total maximum daily load (TMDL); NPS; restoration and management plans

• §604(b)/205(j) On-Site Wastewater Program

• EPA TMDL contract Key watershed TMDL projects

• Drinking Water—Public Water System Supervision (PWSS)

Drinking Water Program administration

• Drinking Water State Revolving Fund (SRF) capitalization grant

Drinking Water Loans; Loan Program administration; and eligible set-aside activities

• Clean Water State Revolving Fund (CWSRF) capitalization grant

Wastewater Loans and Loan Program administration

Outcomes Environmental outcomes are described in the individual program sections.


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Component 1. Surface Water Assessment and Protection Programs

Program Goal The goal of DEQ’s Surface Water Program is to restore impaired water bodies to conditions supporting designated and existing beneficial uses. DEQ also works to improve surface water quality in areas with endangered species issues. These goals are accomplished through the following activities: monitoring and data collection, assessment, Integrated Report publication (formerly called the §305(b) report and §303(d) list), water quality standards development, total maximum daily load (TMDL) development, and collaboration with designated management agencies (DMAs) to develop and implement water quality restoration plans. Monitoring and data collection are proposed to continue in CY 2019 at levels similar to CY 2018 but without EPA funding for monitoring to support TMDL 5-year reviews.

Program Activities Where possible, complete remaining TMDLs per the 2002 Idaho TMDL Settlement Agreement. Perform 5-year reviews of completed TMDLs. Continue monitoring and assessment activities as budget allows; develop water quality standards. Develop use designation/attainability guidance and selenium fish tissue criterion implementation guidance if EPA approves the rule.

Program Contacts Jason Pappani, DEQ, (208) 373-0515

David Croxton, EPA, (206) 553-6694

Hanh Shaw, EPA, (206) 553-0171

Program Commitments

Priorities • Complete approximately 124 TMDLs counted as assessment unit/pollutant combinations

(see list below). TMDLs covering waters identified in the 2002 Settlement Agreement will be noted in the submittal letter to EPA. − Upper Spokane River (metals) (6) − Lochsa River main stem (temperature) (6) − Brownlee Reservoir-Weiser Flat (bacteria) (7) − Upper Snake Rock tributaries (temperature) (11) − Little Wood River (bacteria, sediment, nutrients, and temperature) (18) − Middle Salmon River-Panther Creek (copper, sediment, and temperature) (16) − Lemhi River (bacteria and sediment) (4) − Beaver-Camas subbasin (bacteria and sediment) (16) − Middle Snake River-Succor Creek (bacteria and sediment) (11)


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− Boise-Mores Creek (temperature and PNV update) (10) − Kootenai River/Moyie River (temperature and PNV update) (7) − Upper and Lower Henrys Fork (combined biota and bacteria) (7) − Lower Boise River tributaries (Category 4b) (5)

• DMAs, with watershed advisory group (WAG) input, will develop implementation plans as their budget allows to implement approved TMDLs.

• Identify priority watersheds for restoration, consistent with EPA’s TMDL vision (Water Quality Measure 27).

• Coordinate with WAGs, EPA, and DMAs regarding 5-year reviews as appropriate. • Coordinate monitoring activities with other state, federal, and private entities. Provide

necessary information, including monitoring data, to demonstrate meeting EPA National Management Measures (SP-12).

• Continue to update and modify water quality standards as needed. • Continue response to harmful algal blooms by posting public advisories, as needed, in

coordination with Idaho’s seven health districts.

Outcome

Surface water assessment and protection outcomes will increase the percentage of waters that support beneficial uses and decrease the percentage of waters that do not support beneficial uses.

Total Maximum Daily Loads

1.1.a Identify pollutant loads expected to restore beneficial uses and meet water quality standards in water quality limited water bodies.

Outputs

a. Complete approximately 124 TMDLs (see list under priorities above). Settlement TMDLs will be noted in the submittal letter to EPA.

b. Share pre-public comment period drafts of TMDLs with EPA. c. EPA will provide comments to DEQ on pre-public drafts generally within 30 days to

allow DEQ to inform and discuss EPA concerns with WAGs. d. Share draft of the TMDL data entry form with EPA prior to final TMDL submittal. e. Continue to perform pre- and post-TMDL monitoring visits, as the budget allows, to

support TMDL development and adaptive management. f. Develop a policy to address tribal waters and their status as part of the 2018

Integrated Report, once transition to ATTAINS is done. g. Proceed with revision of Upper Snake Rock total phosphorus TMDL to address

changes in flow. h. Engage in EPA-led regional efforts to revise 2003 draft temperature TMDL for main

stem Columbia and Snake Rivers. i. Continue discussion with EPA on how best to address industrial stormwater in

TMDLs. j. Participate in Columbia River Systems Operation Environmental Impact Statement

development.


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k. Work with EPA and their contractor to quantify extent of elevated stream temperature under potential natural vegetation.

l. Update TMDL template language to address frequently received comments. Schedule

Subbasin assessment and TMDL completions for CY 2018 are as outlined above.

Funding

These activities are funded by state monies appropriated through the Idaho Legislature. Presently, DEQ devotes approximately 23,844 person hours (approximately 11.5 work years) and $144,520 in operating funds to support this effort. Successful achievement of these activities will depend on additional funding and collaborative efforts with other agencies. TMDL implementation plan development efforts conducted by DEQ staff are funded by state general funds and some federal §319 funds. Assessment of natural stream temperatures across the state is funded via an EPA contract with Tetra Tech.

Contacts

Jason Pappani, DEQ, (208) 373-0515


1.1b Work with EPA, WAGs, and DMAs to facilitate implementation of TMDL pollutant load.

Approach

Idaho Code §3601 et seq. advises DEQ to complete TMDLs, 5-year reviews for selected TMDLs, and work with DMAs to implement TMDLs. DEQ will coordinate with EPA and the IPDES Program to ensure wasteload allocations are incorporated in discharge permits and work with DMAs and WAGs to identify projects and sources of funding to address load.

Outputs

a. Complete remaining subbasin assessments and TMDLs pursuant to the 2002 Idaho TMDL Settlement Agreement.

b. Prioritize existing TMDLs for completing 5-year reviews. Complete six TMDL reviews during CY 2019 as resources allow.

c. Consult with WAGs on 5-year review as required by Idaho Code §39-3611(7). Share drafts with EPA and consider EPA-provided comments within 30 days.

d. If a 5-year review indicates a lack of progress towards meeting the allocations and water quality targets established in a TMDL or a fundamental change in the TMDL’s premise, DEQ will work with the DMAs and WAGs to determine the next steps. DEQ may initiate a process consistent with Idaho Code §39-3611(7) to consider revisions to the TMDL as funding, technical resources, and workload priorities allow.

e. To the extent resources allow, conduct monitoring in CY 2019 to support developing TMDLs and 5-year TMDL reviews to be completed by CY 2020.


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Schedule

Idaho Code §39-3611(7) directs DEQ to review EPA-approved TMDLs every 5 years. During CY 2019, DEQ expects to complete reviews of six EPA-approved TMDLs. During CY 2019, DEQ will also, to the extent resources allow, conduct monitoring to support TMDL development and 5-year reviews to be completed in CY 2020.

Funding

DEQ has budgeted approximately 9,616 person hours (approximately 4.6 work years) and $23,519 in operating funds to support this effort. Successful achievement of these activities will depend on additional funding and collaborative efforts with other agencies. TMDL implementation plan development efforts conducted by DEQ staff are funded by state general funds and some federal §319 funds.

Monitoring and Assessment

1.2 Assess monitoring data for beneficial use status.

Approach

Continue to develop and maintain capacity for reporting §305(b) information in the Integrated Report. Continue electronic reporting of Integrated Reports using EPA's assessment database.

Outputs

a. Complete development of a functioning node to pull assessment results data down from ATTAINS to DEQ servers and work to upgrade DEQ’s integrated mapping tool to display those results through DEQ’s web page.

b. Work to implement outcome of October 2018 Assessment LEAN event. c. Work out disposition of unlisted waters with TMDLs for future reporting. d. Explore approaches to incorporate results of the final N-STEPS report (October

2017) into assessment procedures for evaluating nutrient impairments. e. Complete assessments of recent Beneficial Use Reconnaissance Program (BURP)

and other readily available and relevant data using Water Body Assessment Guidance (2016), and begin preparing a combined 2018/2020 Integrated Report.

f. Participate in second half of the National Aquatic Resource Survey for Streams and Rivers in 2019.

g. Implement at least six regional BURP ambient monitoring crews during the 2019 field season, as resources allow.

h. DEQ will continue to work on making the Water Quality Exchange Network node useful to move BURP and related monitoring data to the STORET data warehouse.

i. Assist in identifying water quality improvements meeting EPA National Water Program Management Measures and Vision Priorities.

j. Work with the University of Idaho to complete statistical analysis and reporting of study results evaluating the Idaho Department of Lands new shade rule.


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Schedule

Scheduling and logistics is a key aspect in successfully completing the BURP and National Rivers and Streams Survey monitoring projects. While actual monitoring takes place during the three summer months, field season planning starts in February with advertising for seasonal hires and site selection, continues through provisioning and training, and winds down in late fall with data entry quality assurance/quality control. Timely receipt of semiannual reports prescribed by the terms and conditions of the §106 monitoring initiative strategy grants is necessary to effectively manage grant funds. DEQ will evaluate data received during the call for data for use in the 2018/2020 Integrated Report.

Funding

DEQ estimates approximately 32,707 person hours (equivalent to 15.7 work years) and $344,116 in operating funds to support the effort in this PPA cycle. Funding sources are state general fund dollars and EPA§106 monitoring initiative and National Aquatic Resource Survey grants.

Contacts


Christopher Zell, EPA, (206) 553-1353

Miranda Hodgkiss, EPA, (206) 553-0692


Water Quality Standards

1.3 Develop scientifically-based functional water quality standards to address program needs and to ensure protection of Idaho water.

Approach

DEQ and EPA will work collaboratively to develop revised water quality standards and implementation guidance. DEQ will request applicant status, participate in Endangered Species Act (ESA) consultations, and submit rulemaking dockets approved by the Idaho Legislature for EPA action.

Outputs

Rulemaking—DEQ will submit to EPA for review and action the following new and revised water quality standards: a. Revised domestic water supply use and designation of additional waters b. Revised bacteria criteria for recreation use and aquatic life criteria for acrolein,

carbaryl, and diazinon c. Revised provisions regarding the de minimis allowance for temperature increase


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Other Work—DEQ and EPA will collaborate on the following. a. Discussion of the data/information needs to update aquatic life criteria for mercury. b. Exchange of information on federal lawsuits involving Idaho’s water quality

standards. c. Participation to the extent resources allow in a watershed approach to water quality

criteria for Kootenai River/Lake Koocanusa. d. Preparation of a use attainability/designation guidance, expected to be finalized in

summer 2019. e. A use attainability analysis and recommended use designation category for the Jacks

Creek water body unit. f. Rulemaking efforts to update arsenic human health criteria, including monitoring to

establish Idaho-specific bioaccumulation factor (BAF) and background concentrations, and revision to Idaho’s Natural Background Guidance throughout CY 2019. DEQ will share the draft monitoring plan and guidance document with EPA.

g. Participation in ongoing ESA consultation on Idaho’s water quality standards throughout CY 2019, and seek coapplicant status as new rules proceed to consultation.

h. Development of selenium fish tissue criterion implementation guidance after EPA’s action on Idaho’s criterion update. DEQ will share the draft guidance document with EPA.

Schedule

DEQ anticipates the items listed in Outputs will be completed and submitted or provided to EPA by dates specified above or by December 2019 where no dates are provided.

Funding

These water quality standards activities will be funded by monies appropriated through the Idaho Legislature. DEQ estimates approximately 6,360 person hours (equivalent to 3.1 work years) and $7,142 of operating funds to support this effort. Achievement of future goals will depend on the availability of additional resources and collaborative efforts with other agencies.

Contacts


Hanh Shaw, EPA , (206) 553-0171

1.4 Component commitments.

DEQ Commitments

Refer to sections 1.1, 1.2, and 1.3 regarding TMDL, monitoring and assessment, and water quality standards activities.

a. Continue to coordinate with EPA on current lawsuits and settlement agreements.


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b. Continue dialogue with EPA on inclusion of Idaho mercury fish tissue criterion in NPDES permits and TMDLs.

c. Share pre-public comment period drafts of TMDLs. d. Share drafts of each 5-year review with EPA for review and comment. e. Continue efforts to complete a nutrient TMDL for Lower Boise River’s listed

tributaries. f. Implement BURP ambient monitoring across the state. g. Strengthen working relationship through more regular discussion of issues as they

arise. h. Both EPA and DEQ will make appropriate staff assignments to each TMDL. i. Report overall Surface Water Program progress semiannually to EPA, regarding

water quality standards submittal and approval actions, TMDLs, Integrated Report, monitoring, and PPA commitments.

j. Coordinate review and selection of NPS projects and activities directed to priority watersheds, taking into account multiple available funding sources.

k. Continue support of the watershed approach, using basin monitoring efforts, state program integration, and stormwater planning to emphasize NPS Program results.

l. Work together on policy for tribal waters and their status for the 2018 Integrated Report, once the transition to ATTAINS is complete.

m. Identify priority watersheds for restoration, consistent with EPA’s TMDL vision (Water Quality Measure 27).

EPA Commitments

TMDL and Assessment Program Commitments a. Issue Jordan Creek mercury TMDL. b. Approve or disapprove all TMDLs and water quality standards submitted by DEQ on

a timely basis. c. Act on the 2016 Integrated Report within statutory time frames. d. Continue to review and act on DEQ-submitted TMDLs and provide Idaho TMDL

Settlement Agreement parties with copies of EPA-approved TMDLs and corresponding action letters on a timely basis.

e. Improve coordination of NPDES permitting with DEQ mixing zone authorization and TMDL completion.

f. Provide DEQ with a checklist of required elements of an integrated report. Water Quality Standards Program Commitments a. Participate to the extent possible in rulemaking proceedings negotiated by DEQ for

water quality standards. b. Provide input on draft guidance documents shared by DEQ in a timely manner. c. Take action on water quality standards submitted by DEQ on a timely basis, including

ESA and tribal consultations, as needed. d. Continue to provide timely updates on EPA lawsuits and settlement agreements

involving Idaho’s water quality standards.


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e. Continue coordination with the National Marine Fisheries Service and U.S. Fish and Wildlife Service and DEQ on the ESA consultation for the Mixing Zone Rule and complete as quickly as possible.

f. Identify additional resources to accelerate review of six Idaho water quality standards submittals on EPA’s backlog, in order of priority as identified by DEQ: 1. Human Health Criteria Update, Docket 58-0102-1201, submitted December. 13,

2016 2. Mixing Zone Policy, Docket 58-0102-1401 submitted December. 22, 2016 3. Hells Canyon Site-Specific Salmonid Spawning Criterion for Temperature,

Docket 58-0102-1102, submitted June 8, 2012 4. Thermal Treatment Requirements, Docket 58-0102-1101, submitted July 20,

2011 5. Seasonal Cold Temperature Criteria, Docket 58-0102-002, submitted May 29,

2003 6. Bull Trout Temperature Criteria, Docket 58-0102-0002, submitted May 29, 2003

Component 2. Watershed Protection Program 2.1 Manage §319 Nonpoint Source Program.

Approach

Implement the §319 NPS Program through the EPA-approved 2015 Idaho NPS Management Plan and 2004 EPA §319 guidance. The Idaho NPS Management Plan is available at www.deq.idaho.gov/media/60153107/idaho-nonpoint-source-management-plan.pdf.

Outputs

a. Successfully award §319 project implementation subgrants. These grants are contingent upon approved TMDLs and other water quality priorities based on the amount of funding available and the amount of time it takes before funds are released to the state. The §319 Idaho NPS Management Plan will be used as a guidance document for this activity.

b. Administer subgrants according to relevant grant conditions and use the Grant Reporting and Tracking System (GRTS) to report on mandatory program activities, including estimated project load reductions (for nitrogen, phosphorus, and sediment, as applicable). DEQ will enter all GRTS load reduction estimates for all active and recently completed projects by February 15, 2018, and all other mandatory GRTS elements by April 3, 2018, or as otherwise directed by national guidance.

c. Complete and submit an annual performance and progress report for the NPS Management Program as required by the §319 program grant agreement.

d. Update NPS memoranda of understanding as necessary. e. Perform §319 project evaluations under the guidance of the Idaho NPS Management

Plan. DEQ and EPA will continue to work together on the process for using §319 funds and implementing the nine-element watershed-based plan (including qualifying TMDL implementation plans) for impaired waters.

http://www.deq.idaho.gov/media/60153107/idaho-nonpoint-source-management-plan.pdf

http://www.deq.idaho.gov/media/60153107/idaho-nonpoint-source-management-plan.pdf


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f. With EPA assistance, work to identify and integrate other sources of funding with §319 program funds to increase opportunities for implementation work in priority watersheds, per DEQ’s 2018–2021 Strategic Plan.

g. As requested by EPA, provide information on success stories, per EPA criteria. Success stories document national NPS Program measure WQ-10 (if partial or full water body restoration is achieved) or progress toward restoration (non-WQ-10). For stories that qualify and with EPA’s support, the surface water program will seek to develop a minimum of two WQ-10 success stories each year. DEQ and EPA will continue to work together to assess and acquire monitoring equipment and resources to document water quality improvements under the strategic plan measures.

h. Continue to ensure that approved §319-funded project work plans have evaluated and considered using alternative designs or measures that better address the proposed long-term water quality objectives.

i. Begin to update the 2015 Idaho NPS Management Plan, due in CY 2020. Schedule

Activities conducted under the §319 NPS Program will align with milestones and other responsibilities identified in the §319 NPS grant work plan.

Funding

EPA will continue to fund approximately 60% of the §319 NPS Program, while 40% will come from eligible state and local sources as matching funds. DEQ estimates that approximately 10,700 person hours (approximately 5.16 work years) and $561,000 will be needed and funded from the federal §319 grant to support §319 DEQ administrative activities. DEQ and EPA agree to partner and work in a timely manner to address any priority funding issues.

Contacts

Tim Wendland, DEQ, (208) 373-0439

Dave Pisarski, DEQ, (208) 373-0464

Krista Mendelmen, EPA, (206) 553-1571

2.2 Component commitment.

EPA Commitments

EPA will work with DEQ to identify ways to best use the state’s §319 allocation in a timely manner and minimize the need to request carrying over funds between grants.


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Component 3. Wastewater Program

Program Goal The Wastewater Program’s goal is to ensure wastewater, recycled water, and on-site wastewater are used in a manner that protects surface water and ground water as well as human health. The program will review plans and specifications for wastewater facilities construction; coordinate responses to questions on the biosolids program with EPA, other state agencies, and the regulated community; and complete the stormwater best management practices (BMP) catalog. DEQ supports and encourages the NPDES Program’s goal of eliminating pollutant discharges to waters of the United States.

Program Activities Process reuse permits; perform compliance oversight of reuse-permitted facilities; develop program guidance materials and ensure statewide consistency; provide annual performance measures report; perform other wastewater activities (review plans and specifications for wastewater facilities construction, coordinate biosolids activities, and complete the stormwater BMP catalog); assist public health districts in managing the on-site wastewater program; and encourage water reuse as an alternative to discharge to the waters of the United States.

Program Contacts Larry Waters, DEQ, (208) 373-0151

Michael Lidgard, EPA, (206) 553-1755

Maria Lopez, EPA, (208) 378-5616

Program Commitments

Priorities • Conduct 45 reuse permit inspections. • Issue 22 protective reuse permits/major permit modifications. • Conduct timely review of reuse permit annual reports.

Outcome

The Wastewater Program’s outcome will ensure wastewater, including on-site wastewater, and recycled water are used in a manner that protects human health and the environment with respect to surface water and ground water and decrease the number of wastewater facilities that discharge to waters of the United States.


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3.1 Process 22 reuse permits/major permit modifications by December 31, 2019.

Approach

Priority will be given to new facilities, facilities with expired permits, facilities with inadequate reuse permit limits, and facilities with the potential to impact impaired water bodies.

Outputs

a. Issue 22 reuse permits/major permit modifications. b. Transmit to EPA, on a semiannual basis, a list of new permits, permit renewals, and

major permit modifications issued.

Schedule

DEQ will report on the number of reuse permits/major permit modifications issued from January 1 to June 30, 2019, by July 31, 2019.

DEQ will transmit to EPA a list of all reuse permits/major permit modifications issued in CY 2019 within 30 days of the end of the calendar year.

Funding

State monies and federal (EPA) grants, including Surface Water §106, fund this activity. Staff in DEQ’s State Office Water Quality Division and six DEQ regional offices will complete this activity.

Activity Level of Effort Reuse Permitting 7.5 FTE

Contacts

Larry Waters, DEQ, (208) 373-0151



3.2 Provide compliance oversight of reuse permitted facilities.

Approach

Provide oversight of permits for compliance with permit conditions by conducting field inspections and reviewing annual reports. Perform enforcement and compliance actions as needed.

Outputs

a. Complete 45 inspection reports. b. Conduct timely review of reuse permit annual reports.


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c. Report progress semiannually on the number of inspections and annual report reviews completed.

d. Report semiannually on the number of permit compliance activities reviewed. Schedule

All performance measures will be met by the end of the calendar year.

Funding

This activity is funded by state funds and federal (EPA) grant monies, including Surface Water §106 funds. Staff in DEQ’s Technical Services Division, state office Water Quality Division, and six regional offices will complete this activity.

Activity Level of Effort Compliance activities 4.0 FTE

Contacts




3.3 Develop program guidance materials and ensure statewide consistency.

Approach

Staff in DEQ’s state office Water Quality Division will be responsible for developing materials for regional offices to use in implementing the Reuse Permit Program in the field, including direction, guidance, and tracking systems. A guidance development work group is currently revising the guidance. Higher priority items are being revised first. The effort is expected to be ongoing for a few years. Quarterly permit writer workshops are held with DEQ staff to ensure statewide consistency. Additionally, DEQ coordinates a biennial water reuse conference to inform the regulated community and consultants about the latest trends in Recycled Water Rules, implementation, and case studies.

Outputs

a. Upon request, provide copies of the most current draft guidance and final guidance once finalized.

b. Provide reuse training to new and existing staff as funding is available. c. Hold quarterly reuse permit writer workshops. d. Sponsor, host, or participate in the biennial water reuse conference and related

workshops.

Schedule



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Funding

This activity is funded by state funds and federal (EPA) grant monies, including Surface Water §106. Primarily staff in DEQ’s state office Water Quality Division will complete this activity with support from DEQ’s Technical Services Division and the six regional offices.

Activity Level of Effort Develop guidance and ensure consistency 1.7 FTE

Contacts




3.4 Water Quality §106 grant performance measures—provide annual performance measure report.

Approach

An annual performance measure report will be provided by DEQ to indicate progress in eliminating pollutants from surface water by reuse permit program activities. Overall, surface water is improved by the reduction of pollutant discharges, ultimately contributing to the goal of the NPDES Program to eliminate pollutant discharge.

Outputs

a. Total gallons annually of wastewater with pollutants eliminated from discharge to surface water by reusing water. Pounds of pollutants removed will also be provided if available for the following constituents: nitrogen, phosphorus, and chemical oxygen demand. A qualitative description will be provided for the various types of reuse permits issued by DEQ to address public health risks.

b. Total number of facilities that reuse water, thereby reducing the number of new facilities requiring NPDES/IPDES permits and reducing the backlog of expired and new NPDES/IPDES permits issued by EPA/DEQ.

Schedule

The annual performance measure report will be provided within 60 days after the end of the calendar year.

Funding

Funding for this activity consists of 208 person hours (0.1 work years) from Water Quality §106 funds.

Contacts



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3.5 Wastewater activities—review plans and specifications for wastewater facilities construction; coordinate biosolids activities; and complete the stormwater BMP catalog.

Approach

To review plans and specifications for wastewater facilities construction; coordinate responses to questions on the biosolids program with EPA, other state agencies, and the regulated community; and complete the stormwater BMP catalog.

Outputs

a. Provide plan and specification approval letters for wastewater treatment facilities construction and copy Maria Lopez, EPA, and Idaho Operations Office on these letters.

b. DEQ will review proposals for land application of biosolids and domestic septage and will approve or disapprove land application sites according to state regulations (IDAPA 58.01.16.650 and IDAPA 58.01.15).

c. DEQ will complete and promote DEQ’s catalog of stormwater BMPs.

Schedule

Engineering plans and specifications will be reviewed as outlined in IDAPA 58.01.16.400 and 401.

Funding

This activity will be funded by state and federal (EPA) grant monies, including Surface Water §106 funds. Staff in DEQ’s Technical Services Division, state office Water Quality Division, and six regional offices will complete these activities. The level of effort projected for this activity is 12,792 person hours (approximately 6.15 work years).

Activity Level of Effort Review wastewater plans 5.4 FTE Biosolids 0.75 FTE Stormwater Not budgeted as separate line item

Contacts





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3.6 Manage the On-Site Wastewater Program—revise the Technical Guidance Manual for Individual and Subsurface Sewage Disposal Systems, assist the public health districts in issuing on-site permits, review large soil absorption system plans and specifications, and perform nutrient-pathogen evaluations.

Approach

DEQ’s state office provides guidance materials and overall management activities related to this program through funding of the §604(b) grant. The regional offices will be responsible for reviewing plans and specifications and ground water impact studies.

Outputs

a. Revise the Technical Guidance Manual. b. Provide public health district training, audits, and program reviews. c. Review plans and specifications for large soil absorption systems. d. Assist in the review of nutrient-pathogen evaluations.

Schedule

Activities will be completed on an as-needed basis. Plans and specifications and nutrient-pathogen evaluations will be completed within 42 days of submittal if possible.

Funding

Funding for this activity includes Water Quality §106 funds, federal (EPA) §604(b) grant, and state funds.

Activity Level of Effort On-site coordination, plan reviews, other guidance, and training

2.22 FTE

Contacts


Rachael Smith, DEQ, (208) 373-0249

Bevin Horn, EPA, (206) 553-1566


3.7 Component commitment.

EPA Commitment

Encourage water reuse where it is a preferable alternative to wastewater discharge to waters of the United States.


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Component 4. Ground Water Program

Program Goal The goals of the DEQ Ground Water Program are to protect and improve the quality of the state’s ground water and ensure that existing and future beneficial uses including drinking water, agricultural, industrial, and aquaculture water supplies are met. All ground water must be protected against contamination as a valuable public resource per Idaho's “Ground Water Quality Rule” (IDAPA 58.01.11). The quality of degraded ground water must be restored where feasible and appropriate to support designated beneficial uses.

Since October 2005, the Ground Water Program also coordinates source water assessment and protection activities to protect public sources of drinking water.

Program Activities Coordinate all ground water and source water protection-related programs funded by EPA in Idaho, develop and implement Ground Water Quality Improvement Plans (GWQIPs) in priority areas of the state, develop guidance for interpreting the Ground Water Quality Rule, and implement Idaho’s source water protection strategies.

Perform other activities related to the Ground Water Program and source water protection such as rule interpretation and implementation, project and contract management, policy development and implementation, public education and outreach, regional/local ground water monitoring, source water assessments for new sources, and source water protection plans and projects.

The number of staff allocated to the Ground Water Program (including state general funds, federal Ground Water §106 funds, and federal SRF set aside funding) during state fiscal year (SFY) 2019 is 15.85 FTEs. State general-funded FTEs remained at 6.3 FTEs. FTEs funded with federal Ground Water §106 funding remained at 2.0 FTEs. The number of FTEs funded by the SRF set aside to fund Source Water Protection increased from 7.5 FTEs in SFY 2018 to 7.75 FTEs in SFY 2019.

Program Contacts Ed Hagan, DEQ, (208) 373-0356

Michelle Tucker, EPA, (206) 553-1414

Program Commitments

Priorities • Coordinate and integrate development and implementation of GWQIP in nitrate priority

areas (NPAs) with Source Water Protection Plans to more efficiently use limited resources.


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• Continue ground water monitoring in NPAs and other areas of concern throughout the state to determine the nature and extent of contamination, set a baseline for BMP effectiveness, and evaluate ground water quality improvement activities.

• Implement Idaho’s Ground Water Quality Rule and the Idaho Ground Water Quality Plan with other designated agencies through participation in the Idaho Ground Water Protection Interagency Agreement. Signatory parties to the agreement include DEQ, Idaho Department of Water Resources (IDWR), Idaho State Department of Agriculture (ISDA), Idaho public health districts, and Idaho Soil and Water Conservation Commission (ISWCC).

• Populate DEQ’s ground water quality database with new ground water quality data. Continue refinements to DEQ’s online mapping applications for the ground water quality database and technical reports to increase accessibility for the public.

• Approve ground water quality monitoring programs at managed aquifer recharge sites according to Idaho’s rule, “Land Application of Wastewater(s) or Recharge Water” (IDAPA 58.01.16.600).

• Assist interested parties with implementing source water protection efforts, including distributing source water protection grants to organizations such as the Idaho Rural Water Association to assist communities with developing and implementing source water protection plans.

• Provide education and outreach, including general ground water education to the public. Promote ground water BMPs to landowners and stakeholders, educate local governments about the responsibilities for ground water protection, and assist with developing ordinances for source water and ground water protection.

• Provide technical hydrogeological support and regulatory assistance to other DEQ programs and state agencies. Develop guidance, as needed, to facilitate consistent implementation of Idaho’s Ground Water Quality Rule.

Outcomes • Reduced population and land area located within an NPA. • Increased number of NPAs with decreasing nitrate concentration trends. • Minimized risk to public health by implementing measures defined in rules related to

ground water protection, managed aquifer recharge, mining, and oil and gas activities. • Minimized risk to public health for populations served by community water systems by

implementing Idaho’s source water protection strategies. • Increased availability of source water assessment information and ground water quality

data through online applications and education and outreach to increase public awareness of the source of drinking water and importance of ground water protection to protect drinking water quality.

Program Indicators

Program indicators are the number of improvement plans/strategies implemented in areas with degraded ground water quality, as well as percentages of community water systems and/or populations served by community water systems implementing ground water/source protection strategies.


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4.1 Manage, oversee, and provide administrative support for the Ground Water Program.

Approach

DEQ will administer the Idaho Ground Water Program to ensure statewide consistency with the DEQ state office and regional offices.

Outputs

a. Coordinate Ground Water §106 grant and PPA activities with regional offices during development of their annual work plans and budgets.

b. Coordinate with EPA to develop the ground water tasks and language in the 2019 PPA and annual Ground Water §106 work plan and budget.

c. Conduct monthly program conference calls with DEQ regional office Ground Water Program staff and DEQ Technical Services Division personnel.

d. Organize and conduct biennial Ground Water Program statewide staff meeting and training.

e. Ensure Ground Water Program staff receives training as needed. f. Prepare midyear and annual Ground Water §106 grant and PPA reports. g. Provide input into the ground water portion of DEQ’s strategic plan.

Schedule

DEQ will submit semiannual grant reports to EPA. DEQ will contact EPA’s project officer to discuss any issues that will affect the successful completion of the grant commitments as soon as DEQ becomes aware of issues.

Funding

This activity will be funded with EPA Ground Water §106 and state funds. DEQ’s state office program manager, regional office managers, regional office technical leads, and administrative support will work on this activity. The projected level of effort for this activity is estimated to be 1.1 work years (approximately 0.5 work years funded from the federal Ground Water §106 grant). State general funds will fund 0.6 work years of effort.

Contacts

Ed Hagan, DEQ, (208) 373-0356


4.2 Coordinate ground water implementation strategies for a comprehensive program with other DEQ programs and divisions, state and federal agency partners.

Approach

DEQ will coordinate activities with other agencies for protecting ground water.

Outputs

a. Chair the Ground Water Monitoring Technical Committee and education workgroup.


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b. Implement the 2008 Idaho Ground Water Protection Interagency Cooperative Agreement and other existing cooperative agreements. Signatory parties to the Idaho Ground Water Protection Interagency Cooperative Agreement include DEQ, IDWR, ISDA, Idaho public health districts, and ISWCC. Participate in interagency coordination efforts with agencies not included in the agreement such as the Idaho Department of Lands and the Idaho Transportation Department.

c. Continue updating the 2008 Idaho Ground Water Protection Interagency Cooperative Agreement and other existing cooperative agreements.

d. Participate in the concentrated animal feeding operation (CAFO) site advisory team comprised of members from DEQ, ISDA, and IDWR. The CAFO site advisory team provides suitability determinations for counties to use when considering conditional use or livestock confinement operation permits.

Schedule

Ground Water Monitoring Technical Committee meetings are held approximately every 6 months. Education workgroup meetings are held on a quarterly basis. Other interagency meetings do not occur on a regular basis.

Funding

This activity will be funded with EPA Ground Water §106 and state funds. DEQ’s state office program manager and staff, regional office managers, and regional office technical leads will work on this activity. The projected level of effort for this activity is estimated to be 0.4 work years (funded from the federal Ground Water §106 grant).

Contacts

Kathryn Elliott, DEQ, (208) 373-0191


4.3. Interpret and implement Idaho’s Ground Water Quality Rule, develop guidance, and develop policy. Provide hydrogeological support to other DEQ programs and agencies as needed. Provide support for DEQ Quality Management Plan implementation.

Approach

Continue implementing the Idaho Ground Water Quality Plan. Coordinate Ground Water Quality Rule interpretation and implementation with DEQ’s state office and regional offices.

Outputs

a. Develop or modify guidance documents for interpreting Idaho’s Ground Water Quality Rule as needed. Activities may include finalizing guidance for preparing applications for points of compliance on mining activities.

b. Continue to provide hydrogeological support for implementing and enforcing the Ground Water Quality Rule to DEQ staff in other programs and in the regional offices. Assist other state agencies, the general public, and the regulated community


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as needed. Activities may include setting mining points of compliance and reviewing permit applications, Class II Underground Injection Control (UIC) permit applications, and fresh water protection plans for oil and gas activities.

c. Continue to provide revisions to DEQ’s Quality Management Plan and assist with developing statewide generic quality assurance project plan and project-specific field sampling plans.

Schedule

Final outputs are scheduled for December 31, 2019, and may be subject to change, depending on allocation of state resources and priorities.

Funding

This activity will be funded with EPA Ground Water §106 and state general funds. DEQ’s state office program manager and staff and, to a lesser extent, regional office technical leads will work on this activity. The projected level of effort for this activity is estimated to be 1.1 work years (approximately 0.4 work years funded from the federal Ground Water §106 grant). State general funds will fund 0.7 work years of effort.

Contacts

Ed Hagan, DEQ, (208) 373-0356


4.4 Implement ground water quality improvement activities, including improvement plans, in priority areas of the state.

Approach

DEQ is focusing on combining GWQIPs with source water protection efforts at the county level. By developing county-level information, multiple NPAs within a county can be addressed. DEQ will continue to work with the public and relevant agencies in the area to develop ground water quality improvement strategies. DEQ is educating local governments about their authorities and responsibilities for implementing source water and ground water protection activities.

Output

a. Implement GWQIPs that are consistent with the Idaho Ground Water Quality Plan, Ground Water Quality Rule, and DEQ’s “Policy for Addressing Degraded Ground Water Quality Areas” (PM-004) and contain effective strategies for restoring degraded areas. Implementation efforts will be directed toward more populous counties containing a large number of source water protection areas and NPAs. Counties exhibiting a desire to implement protection activities will also be prioritized for assistance. Efforts will be directed toward areas where public water systems with high susceptibility scores are clustered.


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Schedule

Final outputs are scheduled for December 31, 2019, and may be subject to change, depending on allocation of state resources and priorities.

Funding

This activity will be funded with state funds. DEQ regional office managers and regional office technical leads will work on this activity. The projected level of effort for this activity is estimated to be 0.5 work years of effort.

Contacts

Ed Hagan, DEQ, (208) 373-0356


4.5 Conduct ground water quality monitoring projects and manage ground water quality data.

Approach

DEQ will work with the public and coordinate with relevant agencies in the area to develop and implement ground water quality monitoring studies. Ground water quality monitoring projects will be coordinated with existing projects underway by other agencies.

Outputs

a. Develop and conduct local or regional monitoring projects to determine baseline ground water quality, follow up on detections of concern or complaints, or evaluate impacts of BMPs or land-use changes on ground water quality.

b. Continue to populate the DEQ ground water quality database with new ground water quality data. Implement improvements to the database to increase efficiency of data entry. Continue improvements for DEQ’s online mapping application to include greater constituent query capabilities and increased data download features. Continue to provide data to IDWR environmental data management system.

c. Prepare an annual report of ground water quality data collected by DEQ or DEQ contractors with public funds during CY 2018.

d. Finalize updated NPA rankings using ground water nitrate data collected from CY 2011 through CY 2016.

e. Maintain and update database containing data collected by entities other than DEQ including ISDA dairy inspection ground water monitoring results of samples with nitrate at or above 10 milligrams per liter.

Schedule

Activities are anticipated to be complete by December 31, 2019. Monitoring projects are not yet identified for CY 2019.


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Funding

This activity will be funded with EPA Ground Water §106 and state funds. DEQ state office program staff, regional office technical leads, and technical services staff will work on this activity. The projected level of effort for this activity is estimated to be 2.9 work years (approximately 0.5 work years funded from the federal Ground Water §106 grant). State general funds will fund 2.4 work years of effort.

Contacts



4.6 Manage and implement ground water quality protection strategies for managed aquifer recharge.

Approach

Continue oversight of ground water quality monitoring activities at managed aquifer recharge sites. Coordinate with DEQ regional offices and other agencies to interpret the Ground Water Quality Rule and authorities under Section 600 of the “Wastewater Rules” (IDAPA 58.01.16) for land application of recharge water. Recharge activities are increasing due to continued state funding for statewide aquifer stabilization and infrastructure development for managed aquifer recharge activities.

Outputs

a. Continue to work with IDWR to improve coordination and ensure managed aquifer recharge activities are conducted according to state water quality regulations.

b. Review and make recommendations for ground water quality monitoring plans for land application by recharge water projects conducted by entities other than the Idaho Water Resource Board.

c. Review and provide comments to the IDWR UIC Program on injection well permits related to aquifer recharge and tracer tests as requested. Work with the IDWR UIC program to encourage using monitoring requirements that are consistent with DEQ requirements.

Schedule

Final outputs are scheduled for December 31, 2019, and are subject to change depending on allocation of state resources and priorities.

Funding

This activity will be funded with state funds. DEQ state office program staff, regional office managers, regional technical leads, and administrative support will work on this activity. The projected level of effort for this activity is estimated to be 0.5 work years.

Contacts



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4.7 Conduct public education and outreach activities, provide staff training, and implement program.

Approach

Continue education and outreach activities to encourage voluntary implementation of ground water protection activities.

Outputs

a. Provide informational presentations and technical assistance to elected officials and the public.

b. Participate in fairs, open houses, and other community events. c. Participate in ground water quality education activities geared toward school teachers

and students. d. Promote adoption of BMPs for ground water and continue to work closely with the

ISWCC to provide information to the agricultural community. e. Promote use of online mapping applications for ground water quality database,

technical reports, and NPAs. Direct public records requests for such data to online applications.

Schedule

Final outputs are scheduled for December 31, 2019, and are subject to change depending on allocation of state resources and number of requests for DEQ participation.

Funding

This activity will be funded with EPA Ground Water §106 and state funds. DEQ state office program staff, regional office managers, regional technical leads, and administrative support will work on this activity. The projected level of effort for this activity is estimated to be 1.6 work years (approximately 0.2 work years funded from the federal Ground Water §106 grant). State general funds will fund 1.4 work years of effort.

Contacts

Tyler Reed, DEQ, (208) 373-0186


4.8 Conduct source water protection activities.

Approach

As part of the federal FY 2018 Source Water Protection Program Work Plan, DEQ will assess all public drinking water sources to determine its susceptibility to contamination; provide assistance to public water systems to develop source water protection plans; develop source water protection partnerships and integrate source water protection into existing state and federal programs; implement source water protection projects and


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develop tools and resources to facilitate source water protection implementation efforts; provide source water protection education, outreach, training, and technical assistance to public water systems, local governments, schools, businesses, and the public; and manage and administer the Idaho Source Water Program.

If funding is available, a small number of source water protection grants will be awarded.

Outputs

a. Number of source water assessments completed for new sources. b. Number of source water protection plans completed and/or recertified. c. Number of source water protection projects completed. d. Number of outreach or educational events.

A comprehensive list of outputs is included in the FY 2018 Source Water Protection Program Work Plan submitted to EPA. DEQ will annually provide EPA with a list of completed tasks identified in the work plan including the number of source water assessments and certified and recertified source water protection plans, examples of outreach events, and a list of projects completed by DEQ staff or awarded though subgrants or contracts.

Schedule

Final outputs scheduled for June 30, 2019.

Funding

This activity will be funded by the EPA State Revolving Fund (SRF) wellhead 10% set-aside (1452(k)(1))(D). DEQ state office program staff and regional office staff (approximately 7.75 FTEs) will work on this activity.

Contacts

Amy Williams, DEQ, (208) 373-0115



DEQ and EPA Commitments

a. Review Ground Water Program progress on a semiannual basis. DEQ will contact the EPA project officer to discuss any issues affecting the successful completion of the grant commitments as soon as DEQ becomes aware of issues.

b. Continue to improve, maintain, and protect the quality of ground water in Idaho and seek additional resources to implement actions to accomplish that goal.

c. Continue coordination and communication across program boundaries. d. Focus resources in prioritized areas with significant ground water quality degradation

and in areas with a high density of public water system wells with high source water assessment susceptibility scores.


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e. Continue to share strategies on successful BMP implementation to reduce nitrate concentrations in areas with degraded ground water.


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Component 5. NPDES Program

Program Goal The goal of the NPDES Program is to maintain or improve the waters of the United States, including surface waters of the state, and eliminate pollutant discharge. During CY 2019, EPA will transfer the second of four phases of NPDES permitting authority to DEQ—industrial individual permitting. EPA retains primacy for the remaining NPDES sectors in Idaho, and all facilities operating in Indian Country, and is responsible for issuing and enforcing those NPDES permits. Upon transfer of the permitting authority, DEQ is responsible for issuing and enforcing the municipal, pretreatment, and industrial permits transferred per the memorandum of agreement with Idaho and certifying compliance with water quality standards of any NPDES permits issued by EPA. DEQ will perform a negotiated number of compliance inspections for EPA. DEQ will continue conducting IPDES inspections according to Compliance Monitoring Strategy (CMS) goals. DEQ will continue to maintain the capacity to perform tasks identified in the PPA.

Program Activities • Implement the IPDES program. • Perform NPDES compliance inspections. • Review and provide Clean Water Act §401 certification for NPDES permits under EPA’s

authority. • Track and communicate NPDES-related enforcement actions with EPA. • Maintain DEQ capacity to perform NPDES compliance inspections. • Implement the authorization agreement between DEQ and EPA on issuing EPA inspector

credentials under the federal Clean Water Act.

Program Contacts Mary Anne Nelson, DEQ, (208) 373-0291


Tyler Fortunati, DEQ, (208) 373-0140


Jeff Kenknight, EPA, (206) 553-6641

Karen Burgess, EPA (206) 553-1644

Brian Levo, EPA, (206) 553-1816


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Program Commitments

Priorities • Use EPA’s plan and DEQ’s §401 guidance to prepare §401 certifications. • Develop the IPDES Program with an anticipated transfer date of July 1, 2019, for

individual industrial permittees. • Perform 18 quality assurance (QA)-reviewed NPDES compliance evaluation inspections

in CY 2019. • Submit the EPA/DEQ agreed-upon post inspection follow-up letter template to NPDES-

permitted facilities after inspection reports have been QA reviewed and finalized. • Review and complete QA complaint response inspections as directed by EPA in

CY 2019. • Implement the authorization agreement between DEQ and EPA on issuing EPA inspector

credentials. • Complete IPDES compliance evaluation inspections in CY 2019 according to Idaho’s

CMS. • Draft and issue IPDES permits according to Idaho’s permit issuance plan.

5.1 NPDES activities—certify NPDES permits and coordinate stormwater activities.

Approach

To improve waters of the United States, including surface waters of the state, provide water quality certifications and coordinate responses to questions on the stormwater program with EPA, other state agencies, and the regulated community.

Commitments

DEQ will: a. Provide comments on preliminary draft permits and draft §401 certifications as

appropriate and final §401 certifications for proposed final permits. b. Continue to provide compliance assistance to EPA’s permit writers, particularly

related to the stormwater construction general permit, the multisector general permit, and assistance to local municipalities complying with municipal separate storm sewer system NPDES permits.

c. Provide basic information and referrals on stormwater issues.

EPA will:

a. Work with DEQ on scheduling §401 certification requests and ensuring permits have sufficient information for DEQ to complete a timely certification.

b. Implement EPA’s CY 2019–2020 operating plan to reduce the backlog of expired NPDES permits and issue permits to new sources. This plan, with the list of targeted permits, will be shared with DEQ and updated yearly so DEQ can properly manage §401 certification and mixing zone evaluation responsibilities.


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Schedule

Water quality §401 certifications will generally be issued within 60 days.

Contacts



Misha Vakoc, EPA, (206) 553-6650

5.2 NPDES activities—perform NPDES inspections, track sanitary sewer overflows, and notify EPA of enforcement actions of interest.

Approach

To improve waters of the United States, including surface waters of the state, DEQ will perform compliance inspections for EPA.

Commitments

DEQ will: a. Participate in monthly coordination calls with EPA on compliance and enforcement

topics for NPDES permittees in Idaho. Tyler Fortunati will represent DEQ and Brian Levo will be the point of contact for EPA during these calls. Other key EPA staff may be invited depending on the agenda for the monthly call.

b. Perform 18 inspections consistent with the negotiated annual inspection list. c. Perform complaint response inspections as needed and directed by EPA, and submit

reports and associated forms as required for all NPDES inspections. These complaint inspections may be completed by qualified DEQ staff.

d. Finalize and transmit post inspection follow-up letters to facilities. Post inspection follow-up letters will be sent to NPDES facilities after completing the QA-reviewed inspection report. Copies of post inspection follow-up letters will be submitted to Maria Lopez who will forward the letters to appropriate EPA Region 10 staff.

e. Provide quarterly reports including a list of inspections conducted and a list of inspection reports completed during the period. The lists shall include the facility name, permit number, report date, and inspection date. DEQ’s state office shall email quarterly reports to Maria Lopez, [email protected] and Brian Levo, [email protected].

f. Conduct QA review of all NPDES inspection reports, including complaint response inspection reports, by an EPA-credentialed inspector located in DEQ’s state office.

g. Work with EPA to obtain and maintain EPA credentials for Idaho inspectors who conduct inspections on EPA’s behalf. This output will include submittal of training documents as specified in EPA Order 3500.1 in their entirety for new inspectors seeking credentials. After applying for inspector credentials, the training documents, including certificates, shall be submitted to Jon Klemesrud, [email protected]. Additionally, inspectors who already possess credentials shall complete the following annual refresher requirements by December 31 of each calendar year: 8-Hour Health

mailto:[email protected]



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and Safety Refresher, 3500.1 Program-Specific Refresher Training, and 3500.1 Inspection Skills Refresher Training. A certificate or other proof of completion is required for all the annual refresher training requirements. The certificates must be submitted in their entirety to Jon Klemesrud, [email protected], by December 31 of each calendar year. DEQ will also provide a current list of credentialed inspectors and staff seeking to become qualified to receive credentials to Maria Lopez, [email protected] and Brian Levo, [email protected] no later than August 31, 2018.

Schedule

NPDES compliance evaluation inspections will be conducted within the period scheduled, and NPDES compliance evaluation inspection reports will be completed within 60 days after the inspections are completed and, if possible, within 30 days.

Contacts

Mary Anne Nelson, DEQ, (208) 373-0291


Brian Levo, EPA, (206) 553-1816



Jon Klemesrud, EPA (206) 553-5068

5.3 IPDES activities—develop and implement the Idaho Pollutant Discharge Elimination System Program.

Approach

DEQ will continue developing the IPDES Program consistent with the requirements of the Clean Water Act, federal regulations, federal guidance, and state authority.

Commitments

DEQ will: a. Coordinate a technical advisory committee to develop guidance documents necessary

for implementing the IPDES Program. DEQ will develop standard operating procedures for internal processes and hire staff in 2019 to assist in program implementation as previously authorized by state legislation.

b. Prepare a capacity building summary for the period of July 1, 2018, through June 30, 2019. Update the capacity development plan and provide the information to EPA by December 31, 2019. The planning and performance summary will address current and projected conditions about data management, permitting, compliance, inspection, and enforcement and will outline the personnel resources needed by the IPDES Program.





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c. Work with EPA headquarters and Region 10 to upload basic permitted industrial facility information (e.g., facility name, mailing address, and permit numbers) from ICIS into the IPDES database, CRIPS, before July 1, 2019.

d. Request from EPA relevant information for currently permitted industrial facilities that was previously submitted to EPA. Upon receipt of this information from EPA, DEQ will: 1) Archive the information in Content Manager, as appropriate, and/or 2) Ask applicants/permittees to enter information into the IPDES E-Permitting

System, as appropriate.

EPA will: e. Provide development support for the work products cited above by reviewing draft

documents for consistency with national regulations and policy, providing examples of work products used in Region 10 and nationally as necessary, and providing other input as requested by DEQ.

f. Involve appropriate EPA headquarters offices, including the Office of Water, Office of General Council, and Office of Compliance and Enforcement, to produce complete work products.

g. Provide requested information in an electronic format as possible.

Schedule

IPDES rules and guidance development began in 2015 and will continue through 2019 and beyond.

Contacts


Troy Smith, DEQ, (208) 373-0488


Karen Burgess, EPA, (206) 553-1644

Brian Nickel, EPA, (206) 553-6251

5.4 IPDES activities—draft and issue IPDES permits.

Approach

During the second half of CY 2019, DEQ will have authority and begin issuing industrial individual permits. As a delegated program, DEQ’s IPDES-permitting activities are subject to EPA oversight. Effective implementation of the program is required for continued delegation. DEQ will focus on transferring, drafting, and issuing industrial permits and maintaining the municipal and pretreatment program.


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Commitments

DEQ will: a. Develop a permit issuance plan by October 31 of each year that identifies specific

IPDES permits intended to be issued during the upcoming calendar year. The issuance plan will be transmitted to EPA annually.

b. Develop a plan to improve the permit issuance rate and reduce the backlog of administratively continued NPDES permits.

c. Work with EPA staff on drafting and issuing industrial NPDES permits during the first two quarters of CY 2019. AJ Maupin, DEQ, will coordinate with Susan Poulsom, EPA, on which permits are most appropriate for this learning opportunity.

d. Assume permitting obligations for facilities in its jurisdiction according to the permit transfer schedule presented in Appendix A of the memorandum of agreement. Permit transfer status may be delayed for the following: 1. EPA has substantially completed the permitting process or concluded a public

review period. EPA will provide DEQ with a list of final permits that EPA developed and transfer jurisdiction for those proposed permits to DEQ to issue.

2. EPA and DEQ agree that EPA may perform the work up to drafting a proposed permit. EPA will transfer jurisdiction for the proposed permit to DEQ to issue.

EPA will: a. Work with DEQ staff on identifying and tracking priority permits. b. Review draft DEQ IPDES permits. EPA review may occur during the public notice

process and proposed final permits consistent with the memorandum of agreement. EPA’s goal is to average two permit reviews per month during this period.

c. Provide DEQ with specific points of contact within the EPA Center for Excellence in Biosolids for technical assistance and guidance in addressing biosolid issues in Idaho.

Schedule

DEQ will continue developing NPDES permits not completed during the first two quarters of 2019. After July 1, 2019, when authority is transferred to DEQ, DEQ will process these permits through public comment period and issue the permits. DEQ will begin developing permits as prioritized in the permit issuance plan.

Contacts


AJ Maupin, DEQ, (208) 373-0167


Susan Poulsom, EPA, (206) 553-6258

Karen Burgess, EPA, (206) 553-1644


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5.5 IPDES activities—compliance monitoring and enforcement.

Approach

EPA and DEQ agree, upon transfer of permitting authority, DEQ’s primary responsibility is to administer the IPDES Program and state regulations on a day-to-day basis. DEQ is the primary agency conducting inspections and initiating enforcement under Idaho laws and policies to deter noncompliance through appropriate compliance evaluations and consistent enforcement. Facility inspections, compliance monitoring, and enforcement are key elements of DEQ’s IPDES Program. Targeting major and nonmajor facilities for compliance inspections is consistent with DEQ’s CMS using EPA’s Inspection Targeting Model.

EPA and DEQ agree that EPA’s primary responsibility is to ensure compliance with and enforcement of federal statutes and regulations and federally approved state regulations and DEQ’s compliance and enforcement efforts are consistent with federal laws and regulations and provide adequate compliance monitoring and timely and appropriate enforcement actions. Overseeing DEQ’s compliance and enforcement program may include direct compliance monitoring and enforcement by EPA if necessary. EPA is also responsible for addressing environmental issues in Indian Country according to federal laws, regulations, and executive orders and a trust relationship between the United States and Indian tribes.

DEQ and EPA will work together to meet EPA’s strategic measures regarding environmental law compliance rates. EPA’s significant noncompliance initiative over the next 4 years is to reduce the percentage of permittees in significant noncompliance from 24% to 12%.

Commitments

DEQ will: a. Provide EPA with an enforcement confidential DEQ inspection list by November 15

of each year. The enforcement confidential list will include the facility name and permit number.

b. Include a completed Office of Enforcement and Compliance Assurance (OECA)/Office of Compliance Annual CMS Plan and End of Year Report Chart.

c. Perform IPDES inspections consistent with the annual inspection list and provide EPA with an electronic copy of enforcement actions, informal and formal, resulting from conducted inspections (e.g., compliance letters, notices of violation, and judicial actions).

d. Finalize and transmit post inspection follow-up letters and inspection reports to permitted facilities. Post inspection follow-up letters and inspection reports will be sent to IPDES facilities after completing the QA-reviewed inspection report. Upon EPA’s request, provide copies of post inspection follow-up letters and inspection reports.

e. Depending on EPA-sponsored training, continue to develop inspection capabilities for other sectors (e.g., construction stormwater, multisector general permit, and suction dredging) during this PPA cycle.


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f. Participate in NPDES inspection training by shadowing EPA inspectors during 2019 NPDES inspections in Idaho. When practicable, shadowing shall include pre-inspection records review, on-site inspections, and review of post inspection reports.

g. DEQ will review all relevant reports (e.g., DMRs and annual reports) submitted by individual municipalities upon transfer of authority for that sector to DEQ.

h. Participate in quarterly discussions with EPA Region 10 staff and others regarding the significant noncompliance initiative.

EPA will: a. Notify DEQ of shadowing opportunities as far in advance of the inspection as

possible. b. Provide training to DEQ inspectors as resources allow. c. Complete the enforcement action for permits where EPA has pending or ongoing

enforcement action under active federal enforcement cases. Resolution may be accomplished by the following: 1) The permittee’s compliance with the requirements of the compliance order,

consent agreement, or court order 2) Withdrawal of the EPA action 3) Court decision dismissing the action 4) If agreed to by EPA, the imposition of an equivalent state enforcement action by

DEQ

Schedule


Contacts



Brian Levo, EPA, (206) 553-1816



Jon Klemesrud, EPA, (206) 553-5068

Outcomes • Draft and final §401 certifications, provided in a timely manner, for NPDES permits

as requested (see 5.1). • Twenty QA-reviewed NPDES compliance evaluation inspection reports, completed

in a timely manner and submitted to Maria Lopez, [email protected] (see 5.2.b). • QA-reviewed NPDES complaint response inspection reports as directed by EPA,

completed in a timely manner and submitted to Maria Lopez, [email protected] (see 5.2.c).




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• Post inspection follow-up letters for NPDES compliance evaluation inspections completed for facilities using EPA and DEQ agreed-upon post inspection follow-up letter template (see 5.2.d).

• Report provided on a quarterly basis to Maria Lopez, [email protected], and Brian Levo, [email protected], summarizing inspections conducted (see 5.2.e).

• Inspector credentialing as specified in EPA Order 3500.1 and a current list of credentialed inspectors and staff seeking to become qualified to receive credentials (see 5.2.h).

• Guidance documents and standard operating procedures for implementing the IPDES program (see 5.3.a).

• Capacity building summary for SFY 2019 provided to EPA by December 31, 2019 (see 5.3.c).

• DEQ permit issuance plan for CY 2020 completed by October 31, 2019 (see 5.4.a). • Backlog reduction strategy (see 5.4.b). • EPA CY 2019–2020 plan to issue NPDES permits and an annual schedule for

CY 2019 (see 5.4 EPA). • Annual NPDES compliance inspection schedule by November 15 (see 5.5.a). • End-of-year report chart and annual CMS plan by December 31, 2019 (see 5.5.b). • IPDES compliance evaluation inspections consistent with Idaho’s CMS (see 5.5.c). • Final post inspection follow-up letters and inspection reports (see 5.5.d).

Funding

These activities will be funded by state general fund, state and federal (EPA) grant monies, including Surface Water §106 funds, and when implemented, dedicated fees. Staff in DEQ’s state office Water Quality Division and six regional offices will complete these activities.

Program Element State 106 State General Dedicated Fee

Level of Effort Hours (FTEs)

5.1 NPDES Activities—certification, stormwater X X 1,040 (0.5)

5.2 NPDES Activities—compliance evaluation inspections

X X 3,120 (1.5)

5.3 IPDES Activities—development and implementation

X 7,280 (3.5)

5.4 IPDES Activities—permitting X X 15,600 (7.5) 5.5 IPDES Activities—compliance monitoring and enforcement

X 15,600 (7.5)




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Component 6. Drinking Water and Wastewater Loan Programs

Program Goal The goal of the Drinking Water and Wastewater Loan Programs is to improve environmental protection and public health through construction, operation, maintenance, and management of drinking water, NPS, and point source treatment facilities.

Program Activities • Manage the Drinking Water and Water Pollution Control Loan Programs. • Fund NPS projects. • Manage the state grant programs for drinking water and wastewater projects.

Program Contacts Tim Wendland, DEQ, (208) 373-0439

Marie Jennings, EPA, (206) 553-1893

Sejal Soni, EPA, (206) 553-1798

Richard Green, EPA, (206) 553-1854

Program Commitments

Priorities • Fully use capacity development set-aside resources made available to issue drinking

water planning grants and loan funds to improve drinking water system infrastructure. • Fully use wastewater loan fee resources made available to issue planning grants and loan

funds to improve wastewater system infrastructure. Coordinate with the §319 NPS Program and TMDL Program.

• Report on environmental and public health outcomes by completing an environmental or public health benefits evaluation for each project in EPA’s environmental benefits system for the Clean Water State Revolving Fund (CWSRF) or public health benefits system for the Drinking Water State Revolving Fund (DWSRF).

• Implement, monitor, and control procedural frameworks to achieve the following: − Provide facility planning grants that allow optional environmental assessments. − Develop and implement, to the extent that Intended Use Plan and Legislative

scheduling allows, necessary legal, policy, guidance, and procedural changes to meet new Safe Drinking Water Act requirements.

− Develop outreach and assistance to systems challenged by lead risks. − Continue developing conduit relationship with Rural Community Assistance

Corporation to provide funding assistance to individuals with failing septic systems.


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6.1 Manage the Drinking Water and Wastewater Loan Programs.

Approach

For each loan program, execute loan commitments for at least an amount equal to that required and defined in federal statute. Maintain correct federal and state funding ratios by drawing federal funds for each loan program in the proper proportional amounts.

Outputs

a. Negotiate loan agreements for projects listed on the Intended Use Plans in a timely manner for amounts consistent with federal requirements.

b. Prepare annual reports for CWSRF and DWSRF. c. Gather and assess comments relating to web-based loan handbooks. Make minor

corrections to the handbooks on an ad hoc basis, while collecting substantive comments for a follow-up public comment period.

d. Support CWSRF and DWSRF administrative costs, planning efforts, and wastewater operator training efforts with CWSRF and DWSRF loan fee revenues.

e. Transfer excess DWSRF set-aside funds into the loan fund. f. Report fee use in the annual reports. g. Negotiate changes to State Environmental Review Process (SERP) and Operating

Agreements to incorporate changes in the NEPA environment that have occurred since the SERP was originally crafted.

Schedule

Loans are negotiated throughout the SFY, which ends June 30. The CWSRF annual report is due 90 days after the end of the SFY, and the DWSRF annual report is due 120 days after the end of the SFY.

Funding

This activity will be funded by the administrative set-aside portion of SRFs, loan fees, and one-time state funds. Eight work years will be budgeted to the SRFs and will include DEQ’s state office Water Quality Division, Technical Services Division, and regional office staff.

Contacts


Sejal Soni EPA, (206) 553-1798

6.2 Fund nonpoint source projects.

Approach

Fund nonpoint source projects to improve surface water quality in areas where TMDLs have been developed and approved, and fund ground water quality improvement projects in areas where ground water is degraded.


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Outputs

A priority list for SFY 2018 was prepared and issued for public comment.

Schedule

The Board of Environmental Quality will act upon the proposed SFY 2019 Intended Use Plan, May 2018.

Funding

DEQ staff time used for making NPS project loans will be charged against the CWSRF set-aside for administration and state appropriation.

Contacts


Sejal Soni, EPA, (206) 553-1798

6.3 Conduct planning grant programs for drinking water and wastewater projects.

Approach

Develop an annual wastewater and drinking water grant project priority list.

Outputs

a. Compile priority lists of grant projects in May 2019. b. Review applications from potential applicants expected to submit grant applications

during SFY 2019. c. Report DWSRF set-aside expenditures for this activity via the DWSRF program

annual report. Schedule

Grants are negotiated throughout the SFY, which ends June 30.

Funding

Funding for grant program’s staff is provided through the CWSRF and DWSRF fee revenues and DWSRF set-asides. Approximately 4.3 work years statewide is typically budgeted.

Contacts


Sejal Soni, EPA, (206) 553-1798


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6.4 Monitor implementation of the Clean Water Act reauthorization changes.

Approach

Monitor implementation of Clean Water Act reauthorization CWSRF impacts in loan agreements signed post-October 1, 2014.

Outputs

Market changes to stakeholders. Contacts


Sejal Soni, EPA, (206) 553-1798


DEQ Commitments

a. Follow all terms and conditions outlined in the operating agreements, yearly capitalization grant agreements, federal statutes, regulations, and published national guidance and policies for both SRF loan programs.

b. Submit annual SRF reports to EPA as required. c. Complete annual development, review, and modification of the Intended Use Plans

for both SRF loan programs. EPA Commitments

a. Conduct timely annual reviews and written reports of both SRF loan programs. b. Provide DEQ with advice and consultation as requested and updated program

guidance from EPA headquarters as it becomes available. c. Provide DEQ with timely, informative, and accurate advice about SRF program

implementation and development.


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Component 7. Safe Drinking Water Program

Program Goal The goal of DEQ’s Safe Drinking Water Program is to assist and support public water systems to ensure the reliable delivery of safe drinking water.

Objectives • Public water systems located, designed, constructed, operated, maintained, and protected

to reliably meet drinking water health-based standards. • Public water systems serving drinking water that meets all health-based standards.

Program Contacts Jerri Henry, DEQ, (208) 373-0471

Marie Jennings, EPA, (206) 553-1893

Peter Contreras, EPA, (206) 553-6708

Outcomes, Targets, and Activities

7.1 Public health outcomes and indicators.

a. Successfully address statewide compliance issues according to EPA’s 2009 Drinking Water Enforcement Response Policy (ERP).

b. Absence of reported waterborne disease outbreaks.

7.2 Outcome and output targets.

a. Reduce the number of community water systems out of compliance with health-based standards by 25% nationally by 2022 using 3rd-quarter federal FY 2017 as the baseline.

b. Reduce the number of systems out of compliance with the Lead and Copper Rule nationally by 13% for 1 year and 50% by 2022.

c. Increase the percent of community water systems with current sanitary surveys. National target is 92%.

d. Ensure timely and appropriate response (2009 ERP) to 100 public water systems listed on the Enforcement Targeting Tool (ETT) (2009 ERP) between July 2018 and June 2019.


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7.3 Activities/performance measures.

Objective 1: Public water systems that are located, designed, constructed, operated, maintained, and protected to reliably meet drinking water health-based standards.

Objective 2: Public water systems serving drinking water that meets all health-based drinking water standards.

Activities/performance measures for contamination prevention and supporting activities:

• Number of sanitary surveys completed • Percentage of public water systems with

current sanitary surveys • Percentage of community water systems

(CWS) that have current sanitary surveys (3-year frequency, except 5-year frequency for outstanding performers)

• Number of engineering projects completed

Activities/performance measures for compliance indicators and supporting activities:

• Count of CWSs with health-based violations • Percentage of public water systems in

significant compliance with health-based drinking water standards

• Percentage of systems with enforcement orders in compliance with the terms of their schedules

• Number of systems out of compliance with the Lead and Copper Rule

Program Commitments

7.4 DEQ and EPA drinking water partnership commitments and schedule.

a. Coordinate quarterly with EPA’s Office of Compliance and Enforcement (OCE) to discuss the ETT and compliance issues.

b. Coordinate at least quarterly to discuss Drinking Water Program performance. At least one of the meetings will be face to face. Timing of the face-to-face meeting usually coincides with the Idaho PPA schedule and DWSRF annual review (spring/fall).

c. Coordinate and determine the best method for tracking and reporting on the new EPA measures. Establish a baseline and tracking method for measure B01.

d. Maintain collaboration on state laboratory certification. e. Cooperate and coordinate on issues related to new rule implementation and the

Unregulated Contaminant Monitoring Rule. f. Cooperate to resolve data quality issues. g. Consult in situations concerning imminent and substantial endangerment to public as

outlined in 7.6.h below. h. Collaborate on requests for rule implementation such as deep dives and improve rule

implementation. Follow most recent or most current guidance.

DEQ agrees to the following: a. Perform the primary responsibility to enforce the Safe Drinking Water Act (SDWA)

and associated regulations where recognized through approval of state regulations, acceptance of state programs, and formal delegation of authority from EPA.

b. Timely upload the Safe Drinking Water Information System (SDWIS/state) data to EPA.


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c. Provide EPA with performance measure reports for the new breakthrough measure quarterly.

d. Implement new rules on schedule unless formal extension agreements are made according to 40 CFR 142.12.

e. Take timely and appropriate enforcement actions to address SDWA violations using the 2009 Enforcement Response Policy (ERP). Provide quarterly report on the status of public water systems identified as a priority for returning to compliance or an enforcement response. Provide copies of enforcement orders upon EPA’s request.

f. Respond to findings in the EPA annual program evaluation by addressing recommendations and implementing necessary actions as appropriate.

EPA agrees to the following: a. Notify DEQ of manganese and cyanotoxin data reported by small systems to EPA as

part of Unregulated Contaminant Monitoring Rule (UCMR4) as soon as possible to allow the state time to notify the public water system.

b. OCE will consult with DEQ before issuing an information request or taking any enforcement action against any public water system under the jurisdiction of DEQ’s primacy program. After consulting DEQ, if OCE has determined additional information is needed or OCE will be taking an enforcement action, OCE will contact the owner or operator of the public water system and copy DEQ on the action taken.

c. OCE will provide DEQ quarterly ETT performance measure results for Idaho. d. Both the drinking water program and OCE will submit Drinking Water Program

requests for information and work tasks through the DEQ state program office only. e. Both the drinking water program and OCE will reduce administrative demands on the

state by limiting reporting requirements to semiannual reports, unless noted otherwise in this PPA, and obtaining necessary reports and information from SDWIS/Fed when possible.

f. The drinking water program will provide rule interpretation and assistance, advance notification of training opportunities, and updates of Unregulated Contaminant Monitoring Rule implementation and other relevant issues.

g. The drinking water program will attend Idaho Drinking Water Advisory Committee meetings via teleconference or in person as time permits.

h. Both the drinking water program and OCE will annually review and evaluate Idaho’s progress in implementing the provisions and requirements of this agreement and other agreements documenting delegations of responsibility from EPA to the state.

i. OCE may become involved in SDWA enforcement at public water systems when an imminent and substantial endangerment to public health exists (SDWA Section 1431); the state requests EPA’s enforcement support; or EPA deems that the state’s response to addressing a noncompliant public water system has not been timely or appropriate. After consultation with the state, EPA also reserves its right to consider enforcement against public water systems, which are not identified as a priority for enforcement under the ERP where the state has not taken timely or appropriate action.


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7.5 Safe Drinking Water Program resources matrix.

Activities PWSS Base Grant

DWSRF 2% Technical

Assistance Set-Aside (1452(g))

DWSRF Capacity

Development Set-Aside (1452(k))

PWSS 10% Set-Aside

(1452(g)(2)) Hours (FTEs)

Report data to EPA using SDWIS/state X — — X 12,088 (5.81)

Submit primacy applications for, and implement requirements of new state rules X — — — 4.061 (1.95)

Address compliance for surface water systems X — — — 271 (0.13)

Conduct sanitary surveys X — X — 6,691 (3.22)

Implement capacity development strategy X — X — 2,106 (1.01)

Review plans and specifications X X — — 14,518 (6.98)

Provide drinking water engineering services and support X — — — 492 (0.24)

Perform drinking water primacy core activities (compliance assistance/enforcement, public education, fee assessments, public health district contract management, laboratory certification program, consumer confidence reports, drinking water security, system classification for operator licensing, and staff training).

X — — X 28,904 (13.9)


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Idaho DEQ EPA Region 10

Jerri Henry, Drinking Water Program Manager (208) 373-0471

Marie Jennings, Office of Water Unit Drinking Water Manager (206) 553-1893

Curtis Stoehr, Field Services Lead/OpCert (208) 373-0542

Peter Contreras, Office of Compliance and Enforcement, Ground Water Unit Manager, EPA, (206) 553-6708

Bryan Zibbell, Compliance/Enforcement Lead (208) 373-0343

Eric Winiecki, Compliance and Enforcement Measures and ETT List, (206) 553-6904

Megan Larson, Rules Coordinator IOC, SOC, VOC, Lead and Copper Rule, Radionuclides Rule (208) 373-0475

Sejal Soni, Idaho PWSS and DWSRF Project Officer (206) 553-1798

Maureen Pepper, Rules Coordinator; Surface Water Treatment Rules and Disinfection Byproduct Rules, Public Notification, Consumer Confidence Rule (208) 373-0174

Rick Green, Grants and Loans DWSRF and Set-Asides Project Officer (206) 553-8504

Monica Van Bussum, Decision Support Lead (SDWIS); RTCR, GWR Lead (208) 373-0111

Ricardi Duvil, SWTRs including Filter Backwash, Disinfection Byproduct Rules, Lead and Copper Rule, Operator Certification, Capacity Development (206) 553-2578

Barbara Jones, Capacity Development (208) 373-0186

Jane Schuster, SDWIS/Federal (206) 553-1096

Tammarra Golightly, Administrative Assistant (208) 373-0409

Chris Affeldt, Arsenic, Unregulated Contaminant Monitoring Regulations, Contaminant Candidate List (206) 553-6068

Michelle Tucker, Groundwater Rule, Public Notification Rule (206) 553-1414

Jenna Manheimer, Revised Total Coliform Rule, Consumer Confidence Report, (206) 553-1189


Appendix C. 2020 Memorandum of Understanding between the Idaho Department of Water Resources and the USDA, Forest Service Intermountain and Northern Regions


Appendix D. Unfunded NPS Programs The following are programs that are currently unfunded:

The Agricultural Water Quality Cost-Share Program for Idaho is a program that is jointly •administered by the Idaho State Soil and Water Conservation Commission and the Idaho State Department of Agriculture (IDAPA 60.05.03).

The Idaho Department of Environmental Quality on-going water quality monitoring of •§ 319 subgrant projects.